Li Yan and her sister looked at their mother's remains with teary eyes, crying bitterly. Remorseful, they decided to send their mother to a nursing home, hoping that she would be better cared for. However, just 17 days later, their mother left them forever.
At first, my mother lived at my sister's house, but as she grew older, her health deteriorated, and my sister had to work during the day and take care of her mother at night, and she was exhausted. So, after discussion, the sisters decided to send their mother to a nursing home, expecting professional care.
The nursing home was carefully selected by the sisters because it was only five minutes from the hospital, and they wanted to get the fastest treatment if their mother fell ill. On October 19, 2014, the sisters signed an "Elderly Care Service Agreement" with the nursing home, which stated that Li Yan's mother's nursing service was of the highest level. Since the mother suffers from coronary heart disease, heart disease and cerebellar atrophy, the agreement also specifically states that the nursing home will not be liable for sudden death caused by falls and bumps caused by the mother's own diseases.
However, what the sisters never expected was that their mother died forever after only 17 days in a nursing home. After burying her mother, the more Li Yan thought about it, the more she felt that something was wrong. My mother was fine when she was hospitalized, how could she die suddenly?Why didn't the nursing home notify the family as soon as the mother died?By the time they got the news, the mother had been transferred to the morgue, dressed in a shroud, with exquisite makeup, and even placed in an ice coffin, all of which required a lot of money, why would the nursing home be so kind?
The two sisters, who were full of doubts, went to the nursing home to ask for an explanation, but were accused by the person in charge, saying that they were unreasonable. My mother was already seriously ill when she was delivered, and now she is dead because of her own reasons. If all the families were like them, the nursing home would have closed long ago!
In desperation, the sisters decided to resort to court and demanded that the nursing home compensate a total of 73,787 yuan for liquidated damages. In court, the two sides engaged in heated arguments.
So, how exactly should this matter be interpreted in law?
They pay for the elderly, and the nursing home takes care of the mother. However, the death of her mother after 17 days in a nursing home is unacceptable.
They questioned why the nursing home did not notify the family as soon as the mother fell ill, and why did not send the mother to the hospital in the first placeAfter the mother lost her vital signs, why did he take the mother to the morgue without waiting for them to arrive, and put her in make-up and an ice coffin? By doing so, the nursing home is undoubtedly trying to cover up the real cause of the mother's death.
According to Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. They sent their mother to a nursing home and signed a contract, but the nursing home failed to fulfill the contract, resulting in the death of the mother, and the nursing home should bear tort liability.
They have call records as proof, so it's not that they didn't notify their families, but they couldn't reach them.
Secondly, Sister Li Yan signed an agreement with the nursing home. It is stipulated in the agreement that if the elderly person dies suddenly due to their own disease, the nursing home will not be liable. At the same time, the agreement also stipulates that if the elderly are sick and need to be hospitalized, the nursing home is responsible for contacting the ambulance, provided that the family needs to pay 1,000 yuan. Because the nursing home is not a charity, they also helped the elderly call an ambulance before, but in the end the family members did not admit it, so they made this rule.
When Li Yan sent the old man here, they mentioned it to Li Yan, but she was unwilling to pay 1,000 yuan, and they couldn't contact the family on the night of the incident. In addition, there is a certificate from the public security bureau to prove that the old man died suddenly.
In summary, nursing homes do not have to bear any responsibility for the death of the elderly. As for why the old man was sent to the morgue, it was because the people in the same room were afraid, so they sent Li Yan's mother to the morgue when they could not contact the family. Since it was sent, in the spirit of humanitarianism, simply find someone to put on her makeup and do the last thing.
According to Article 67 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their own claims. Li Yan insisted that it was the responsibility of the nursing home, and that it was necessary to come up with evidence, otherwise it should bear the consequences of adducing unfavorable evidence.
Because the defendant needed to provide evidence, the case was later adjourned during the trial, and the outcome of the subsequent trial is unknown.
This case is heartbreaking, the Li Yan sisters suddenly lost their mother, and their regret and grief can only be borne alone. In this incident, the nursing home must be responsible, the elderly are sent to the nursing home, they should bear everything for the elderly, even if the family members cannot be contacted at that time, they should put the life and safety of the elderly first, rather than waiting for the family, and delay the elderly to death. Autumn and Winter Check-in Challenge