Qian followed the travel agency to travel to other places, accidentally fell on the way to travel, the same tourists immediately dialed the police**, the police rushed to the rescue in time, sent Qian to the ambulance, the ambulance doctor immediately gave him first aid, and immediately rushed to the nearest hospital. After treatment in the hospital, Qian was out of danger, but his legs were disabled. Qian believes that the doctor did not take him seriously enough and left him disabled, and the hospital should compensate him. The hospital claimed that the rescue was recorded in medical records, that the best plan was taken at that time, that it had fulfilled its reasonable obligations, and that it should not be compensated. In this case, should the hospital compensate Qian?
This case involves the duty of care of medical personnel in the rescue process. The hospital is not liable for compensation to Qian.
The duty of care of medical personnel is the duty of care of the profession and the duty corresponding to the duties and knowledge of medical personnel. If a medical officer fails to perform examinations and examinations in accordance with the relevant medical routines, it can be presumed that he has not fulfilled his duty of care. According to Article 1224 of the Civil Code, medical personnel have fulfilled their obligation to provide reasonable diagnosis and treatment in emergency situations such as rescuing critically ill patients, and if the patient suffers damages, the medical institution shall not be liable for compensation. It can be seen from this that if the medical staff has fulfilled the duty of reasonable diagnosis and treatment in the course of treating the patient, the medical institution will not be liable for compensation even if the patient suffers damages.
In addition, according to Article 33 of China's Regulations on the Handling of Medical Accidents, if emergency medical measures are taken to save the life of a dying patient in an emergency situation, resulting in adverse consequences, it is not a medical accident. That is, if a medical institution causes damage to a patient in order to save a patient's life under specific conditions, the hospital cannot be required to bear the liability for compensation on the grounds of medical malpractice. Medical personnel are exempt from liability if they can prove that they have exercised reasonable care, and the hospital is not liable for such damages.
In this case, the medical staff involved in the rescue of Qian had legal medical records and adopted the best treatment plan, proving that they had fulfilled their duty of reasonable care as a medical staff, and the hospital did not have to bear the liability for Qian's losses. For Qian's damages, Qian and his family can claim compensation from the travel agency that failed to fulfill its obligation of reasonable reminder, rather than from the hospital where it was treated.
Due to the limitations of the level of science and technology, doctors cannot and do not need to achieve perfect results in the treatment of patients, but doctors must fulfill reasonable diagnosis and treatment obligations comparable to the current level. In reality, patients and their families often urgently hope that the hospital can completely cure the disease, but sometimes the results are unsatisfactory and form a gap with the expectations of the patient's family, but it is unreasonable to ask the hospital to compensate for this reason, and the patient's family should treat the hospital's best results calmly.