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salvatore ferragamo sale shoes Old man was killed in a car accident sued the perpetrators to discuss the hospital for medical expenses

■ The court held that

on the amount of medical expenses, treatment information provided by the plaintiff, a single doctor's advice and list of costs and other evidence to confirm that the two defendants did not provide evidence to deny the plaintiff's claim, so the court the plaintiff claims total amount of 42,mbt chapa shoes Early morning burglary, criminals,891.54 for medical expenses million (net of Yinmou paid 11,000 yuan) for confirmation. In summary, according to relevant laws and regulations, according to sentence the defendant insurance company to pay the plaintiff 10,000 yuan a hospital, a hospital to pay the plaintiff the defendant surnamed Yin 32891.54 yuan. After the first trial, surnamed Yin and insurance companies did not appeal the decision now in force. Wuxing Ping Hsu Wen-Jue money long steel

nameless old man was hit by a car

contract law, the debtor lazy to exercise their due claims, damage to creditors, the creditors You can request the people's court to exercise its subrogation on behalf of the debtor's claims, but the claim itself specifically belonging to the debtor, except. Judicial interpretation of contract law also provides that personal injury compensation claim such rights are specifically belonging to the debtor's own claims.

■ event playback

the plaintiff that the case is a special right of subrogation, the subrogation contract dispute in the medical services in the special case, hospitals are entitled to subrogation, direct the responsible party to the accident in which case the defendant surnamed Yin and its insurance company to pay compulsory insurance in the context of recovery. Medical services contract from the perspective of patients receiving medical care, you should pay the medical expenses.

last year at 19:15 on April 5, surnamed Yin driving a tractor on the road when the collision to the unnamed road to an old man riding a bicycle,mbt shoes cheap, causing damage to two cars, nameless old man injured in traffic accidents. Yixing City, the traffic police to the accident Confirmation that the bicycle can not be confirmed due to the dynamic time of the incident the driver, so can not confirm the fault and responsibility of the parties. Anonymous on the same day the old man was sent to a hospital for treatment of Yixing, the same month 24 after she died, during which a total cost of medical expenses 53,891.54 yuan, the perpetrators Yinmou paid 11,000 yuan.

Yixing Court that, whether based on law or humanitarian requirements,red karen millen dress Drunk smashed cars assaulti, hospitals bear Regardless of whether the costs of the rescue pay, should the obligation to timely rescue accident victims. Plaintiff for treatment of unknown old man, with the formation of health care services contract, and would therefore its legitimate right to request payment of outstanding medical expenses nameless old man's claims. In this case, if the hospital is not allowed direct claim the rights, obviously unfair to the hospital, which is not conducive to encourage hospitals to actively carry out life-saving, does not conform to China's civil law established the principle of fairness. Pedestrian and vehicle traffic accidents causing personal injury, property damage,tods shoes, the insurance company to pay high insurance compensation within the limits of liability, lack of parts, such as motor vehicle side is not evidence to prove the fault of pedestrians,salvatore ferragamo sale shoes, vehicles should bear party liability. Therefore, the nameless old man, the loss of their medical expenses,Robbery and theft involving one million yuan inter-provincial gang were captured, the defendant insurance company to pay compulsory insurance within the limits of liability shall bear RMB 10,000,puma website, the excess shall be Yinmou commitment.

two defendants argued that the hospital does not have the conditions for the exercise of subrogation rights: the case protagonist is anonymous,wedding shoes christian louboutin, unidentified, no family members to exercise an objective claim, rather than the hospital's debtor (ie the unnamed old man) lazy the exercise of due debt. Nameless old man is on the defendant's right to personal injury compensation claim, the claim is not Hetongzhizhai is exclusively its own claims of the debtor hospital. The two do not meet the subrogation of the constituent elements. Therefore, the hospital shall not exercise the right of subrogation.

litigation on behalf of the hospital can

because his identity is unknown, the police published a missing person notice and identify the body, but the old man has no family. Old man's personal life a mystery, leaving a small fortune in medical expenses. In theory, this old man family medical expenses shall be the responsible party claims to be paid to the hospital, but now I do not know where the old man's family, also known as the responsible party do not want to pay, but there is no capacity. So, who will pay for medical expenses for the money? July 23, Hospital 一纸诉状将 surnamed Yin, an insurance company to court, asking them to immediately pay the outstanding medical expenses 42,891.54 yuan.

a car accident,louis vuitton damier, a penniless To save the old man, actively involved in Yixing, a hospital for treatment, the two weeks after the old man died due to treatment, owed 40,000 yuan in medical expenses, the old man family has not come forward, and the responsible party can no longer afford. Helpless, the hospital Yixing People's Court recently decided a case.

behalf of the court is not illegal

■ focus of controversy

gjsij9981 28.11.2011 0 99
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