" responsibility of exempting of life and death " The clause can't exempt the responsibility of the hospital

" responsibility of exempting of life and death " The clause can't exempt the responsibility of the hospital
Mr. Tang is sent to the treatment of one hospital of Ningbo by family because of suffering from depression. After the doctor diagnoses, " such as presenting the accident of committing suicide etc. that sign one with family, responsibility is conceited " "life and death exempt responsibility " The clause, a series of sequela death that because the patient committed suicide and produced finally. Relatives think the hospital has responsibility, a copy of pleadings lodges a complaint against hospital. Through the Mediation of Court, the hospital compensates the family members of a patient for 90,000 yuan. (evening paper of Qiantang River of July 14 of 2009)
In actual life, some hospitals and doctors often like with " letter of consent of operation " , " responsibility of exempting of life and death " Wait for the similar clause form to especially point out the existence of a certain risk to the patient, require the patient assume the risk that this kind appears by oneself at the same time. Hospital and doctor often think that writes all risks that can expect on the paper, have told you in full detail, prove I am who tries responsibility best, any accident has happened to all have nothing to do with me; And the patient often thinks, sign the next and " grow the death situation " And then, any question happens and can only be accepted as unavoidable unluckily.
The fact is not like this, no matter " letter of consent of operation " All right, " responsibility of exempting of life and death " Unless getting finer too in clause, only a procedure that hospital perform duty of telling,let's can't have risk shifted and got by patiented and on relative. In terms of this example, as the depression patient, the suicide is impossible to defend, patient relatives must accompany and attend to at the request of doctor strictly, relatives were on condition that know it is inclined to that the patient commits suicide perfectly well finally, negligence, relatives should certainly shoulder the responsibility. But as the hospital, have already found Tang's mental depression and had suicidal inclination while checking and treating, should cause, pay close attention to, offer to patient, protect the intersection of coefficient and relatively high ward. But the risk assessment that the hospital commits suicide to the patient is insufficient, let it live in the open ward, let it find the electric wire discarded to hang oneself in the ward very easily, is rescued over, but die from a series of sequela that it produces finally, there is fault obviously in the hospital.
The 53rd regulation of " contract law ", the responsibility clause of exempting about causing the other side's bodily injury is invalid in the contract. So, even if the hospital has signed " responsibility of exempting of life and death " with patient's personnel of home first The clause, does not have legal effect. If hospital and medical worker have had fault and caused the consequence that patient's life damages in the course of guarding the operation, then the hospital must bear corresponding civil liability, patient and relative should totally pick up the law weapon, defend one's own legitimate rights and interests.
|