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No.2 of Four Model Cases Published by the Supreme People's Court: Zhang Fengchun v. Tai'an Central Hospital (Case of dispute over a medical service contract)
(Case of dispute over a medical service contract)
最高人民法院发布四起典型案例(2015)之二：张丰春与泰安市中心医院医疗服务合同纠纷案
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| No.2 of Four Model Cases Published by the Supreme People's Court: Zhang Fengchun v. Tai'an Central Hospital (Case of dispute over a medical service contract) | | 最高人民法院发布四起典型案例(2015)之二：张丰春与泰安市中心医院医疗服务合同纠纷案 |
(1) Basic Facts | | （一）基本案情 |
Plaintiff, Zhang Fengchun, was hospitalized in Shandong Tai'an Central Hospital due to his injury in a road traffic accident and he was diagnosed of soft-tissue injury over the whole body. He has been hospitalized for 43 days and the hospitalization costs amounted to 16,751.64 yuan, including medical expenses of 16,747.64 yuan and examination fee of 4 yuan. After the plaintiff left the hospital, he filed a lawsuit against the tortfeasor, Kong Fanzhong and Tai'an Branch of China United Property Insurance Co., Ltd. (hereinafter referred to as “Tai'an Branch”) in the People's Court of Taishan District, Tai'an City, and required Kong Fanzhong and Tai'an Branch to compensate him the economic losses caused by the traffic accident. In the trial of this case, Tai'an Branch applied for examining the rationality of drug use during the period when the plaintiff was hospitalized, so as to get rid of drugs irrelevant to the treatment of Zhang Fengchun's injury caused by the traffic accident. According to the written forensic appraisal opinion issued by Tai'an Dongyue Forensic Appraisal Office, the indications of the drug, sodium ozagrel, used by the person subject to identification, Zhang Fengchun, were acute thrombotic cerebral infarction and dyskinesia accompanied by acute thrombotic cerebral infarction. In this traffic accident, the person subject to identification was diagnosed of soft-issue injury over the whole body. Therefore, sodium ozagrel was a drug that was irrationally used in the treatment of such injury and the expense of 7,250.40 yuan should be removed. The plaintiff raised an objection to the appraisal conclusion, filed an application asking the forensic appraiser, Yang Fengqiang, to appear in court and accept inquiry and at the same time, filed an application asking his attending doctors, Lou Yanhua and Wang Zhen, to appear in court as witnesses; however, the attending doctors failed to expressly testify the rationality and necessity between the use of the drug, sodium ozagrel, and the treatment of the plaintiff's injury. The People's Court of Taishan District admitted the forensic appraisal opinion, rendered a judgment, and determined that the drug, sodium ozagrel, that was used in the hospitalization of the plaintiff after getting injured was a drug that was irrationally used and the expense of 7,250.40 yuan should be removed from the scope of compensation. Therefore, the plaintiff filed a lawsuit in the People's Court of Taishan District and required the defendant, Tai'an Central Hospital, to compensate him for the economic losses caused by the irrational drug use.
．．．．．． | | 原告张丰春因道路交通事故受伤在山东省泰安市中心医院住院治疗，入院伤情诊断为全身多处软组织伤，住院43天，住院期间花费医疗费16747.64元、检查费4元，共计16751.64元。原告出院后，以机动车交通事故责任为由将侵权人孔凡忠及中华联合保险泰安支公司诉至泰安市泰山区人民法院，要求赔偿其因交通事故所遭受的经济损失。该案在审理过程中，中华联合保险泰安支公司申请对原告住院期间的用药合理性进行审查，剔除与交通事故所致伤情无关的用药。泰安东岳司法鉴定所出具司法鉴定意见书认为：被鉴定人张丰春住院期间所用药物奥扎格雷钠适应症为治疗急性血栓性脑梗死和脑梗死所伴随的运动障碍，被鉴定人本次交通事故损伤诊断为全身多处软组织挫伤，因此奥扎格雷钠为本次损伤治疗中的不合理用药，应去除费用为7250.40元。原告对该鉴定结论提出异议，并申请司法鉴定人员杨丰强出庭接受质询，同时申请其主治医师娄彦华、王震出庭作证，原告主治医师亦未能明确证明药品奥扎格雷钠的使用与治疗原告伤情之间的合理性与必要性。法院对鉴定意见予以采纳，判决认定原告受伤住院治疗过程中因使用奥扎格雷钠所花费的7250.40元为不合理用药，应在赔偿范围内予以扣除。因此，原告诉至法院，要求被告泰安市中心医院赔偿其因不合理用药所受到的经济损失。
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