My law firm
(Click here to view the online instant lawyer consultation tutorial).
After the holiday, many organizations released travel data during the Spring Festival, which showed a prominent trend that is worth noting.
Here it is,There has been a clear upward trend in the proportion of travel by the elderly
The vitality of the silver economy in the field of cultural tourism is gradually being released.
Speaking of the silver economy, there is another document that has attracted much attention recently, that is, the No. 1 document "Opinions on Developing the Silver Economy and Improving the Well-being of the Elderly" issued by the General Office of the People's Republic of China last month.
This is tooChina's first policy document named after the "silver economy".
The document contains a total of 26 recommendations in various areas such as elderly care, recreation for the elderly, and services for the elderly.
For the nursing homes in the traditional pension industry, it is clearly proposed to increase the construction and transformation of elderly care institutions, improve the ability of care services for the disabled elderly, and improve the social resource connection mechanism of elderly care services.
Among them, the obligation of safety protection of elderly care services is an issue that cannot be ignored by nursing home operators.
An elderly person in a nursing home died in his sleep
The downstairs bathing center was held responsible
Pan is an elderly person who lives in a nursing home and enjoys first-level care.
The room where the elderly lived was on the third floor, and the wall to the right of the window of the room was equipped with a chimney, which was closer to the window.
The chimney is the exhaust pipe of the gas hot water boiler of a bathing center on the first floor, and the relationship between the nursing home and the bathing center is a housing lease, and the nursing home rents the house on the first floor to the bathing center for operation and use.
In the early hours of one morning, nursing home caregivers found abnormalities when they visited the elderly people's rooms.
After being diagnosed by the hospital, Pan was diagnosed with carbon monoxide poisoning and died of ineffectiveness.
Later, the court ascertained that the ** carbon monoxide was the gas hot water boiler of the bathing center, which was generated in the process of operation and penetrated into Pan's room through the exhaust pipe.
The court finally ruled that the nursing home and Yuan (the person in charge of a bathing center) jointly compensated Wang (who is the heir of Pan) and other medical expenses of 12,57375 yuan, 950 yuan for nursing expenses, 42,792 yuan for funeral expenses, 340,170 yuan for death compensation, 50,000 yuan for mental damage, 8,000 yuan for lawyer's fees, and jointly and severally liable for each other.
Nursing homes for the elderly
The standard of duty of care is higher
The court held that a nursing home, as a nursing institution, should fulfill its full duty of safety protection to Pan.
A higher duty of care should be taken to the safety of buildings, supporting facilities and equipment.
The exhaust pipe of the bathroom was close to the window of Pan's room, and a nursing home, as the lessor of the bathing center, did not foresee its danger and did not require the bathing center to make necessary rectifications.
In the end, carbon monoxide entered Pan's room through the exhaust pipe, causing it to be poisoned, and the nursing home was obviously negligent.
(Click ** to ask a lawyer).
The infringer's bathing center was responsible for the installation and laying of the exhaust pipes, and it knew that the upstairs room was inhabited by the elderly, but it failed to rectify or extend the location of the exhaust pipes, and failed to take effective protective measures when using the gas boiler, causing carbon monoxide to leak into the room of the elderly house.
As a professional nursing institution, the nursing home has an obligation to protect the elderly who live in the nursing home, but the nursing home does not fulfill this obligation properly, and the bathing center is the actual infringer.
Therefore, a nursing home and a bathing center should bear joint responsibility.
Our law firm specially invited Huaicheng lawyer to suggest
In order to operate a nursing home more safely, Huaicheng lawyers provide the following suggestions for your reference based on practical experience:
It is recommended that when determining the business location, ensure that the surrounding environment and the condition of the building are suitable for living and retirement.
It is recommended to conduct continuous and regular safety testing and inspection of the business location to ensure that it is convenient for the elderly to move around and easy to manage in nursing homes.
It is recommended to sign an easement contract with the surrounding tenants and other real estate owners to ensure that the surrounding environment continues to be suitable in the future.
Comprehensively released by our law firm.