The 4-year-old was cut into serious injury, and his claim for medical compensation was not supported

A 4-year-old girl was playing on the roadside. Her neighbor, who had been diagnosed with schizophrenia, suddenly fell ill and was severely injured with a bamboo knife. After the incident, the girl was sent to the hospital for treatment. In addition to the medical insurance reimbursement, the hospitalization and outpatient treatment cost more than 100000 yuan. At the same time, the girl’s family members received donations of more than 137000 yuan through the network platform, and the local town government gave more than 23000 yuan to the relief and workers. < p > < p > after the incident, the girl filed a lawsuit with the court, demanding the neighbors to compensate for medical expenses, nursing expenses, disability compensation, etc., totaling more than 180000 yuan. According to the judgment published on October 30, the court did not support the girl’s claim for medical expenses of more than 100000 yuan. The court held that the network platform and government donation are social and targeted, and the donation is enough to make up for the loss of medical expenses claimed by the girl side. The girl side can not repeat the claim, nor benefit from the infringement of others. However, the court upheld Xiaoyu’s claim for nursing expenses, hospital food subsidies, nutrition expenses, disability compensation, spiritual comfort compensation, and as appropriate, supported transportation and accommodation expenses, with a total amount of 72480 yuan. Finally, after deducting the 40200 yuan paid by the injured party, the court decided that the injured party should actually bear 32280 yuan. < p > < p > on the afternoon of May 5, 2019, a 4-year-old girl named Xiaoyu was playing with her grandmother on the roadside in a village of Xiangshi Town, Longchang City, Sichuan Province. Wang began to suffer from mental disorders in 2002. He was once diagnosed with schizophrenia. He was hospitalized for three times. After discharge, he was treated in outpatient department for a long time and took medicine. After that, Xiaoyu was sent to Longchang people’s Hospital for treatment. He was diagnosed with severe brain injury, cerebral contusion and laceration of right occipital lobe, right cerebellum and left temporal lobe with hematoma, occipital fracture, skin and soft tissue laceration of right face and neck, ear and occipital contusion, occipital scalp hematoma, aspiration pneumonia and traumatic cerebral infarction. Since then, he was transferred to Neijiang first people’s Hospital and children’s Hospital Affiliated to Chongqing Medical University for many times. Xiaoyu recovered and discharged from hospital on December 9 last year, but the doctor’s advice still requires continuing systematic rehabilitation treatment. Xiaoyu was hospitalized in the hospital for 139 days, and the total cost of treatment was 168000 yuan. Excluding the 110000 yuan of medical insurance reimbursement, Xiaoyu’s family paid more than 58000 yuan by himself. After discharge, Xiaoyu continued to receive outpatient treatment and rehabilitation physiotherapy, and spent more than 43000 yuan on outpatient treatment. After < / P > < p > < p >, it was identified that the soft focus was formed after Xiaoyu craniocerebral injury, accompanied with neurological symptoms, and belonged to grade 10 disability. Wang was in the onset of schizophrenia at the time of the crime, and had no criminal responsibility for the illegal acts committed this time. After the proposal of Longchang Public Security Bureau and the application of Longchang people’s Procuratorate, the people’s Court of Longchang city made a decision on compulsory medical treatment on July 17, 2020. At present, Wang is in hospital treatment. After the incident, Wang’s husband, Huang, paid Xiaoyu’s family 40200 yuan. At the same time, Xiaoyu’s family received 114495 yuan of donation through the water drop financing network platform, 23139 yuan from the easy financing network platform, and 23786 yuan from the Xiangshi Town People’s government. < p > < p > after Xiaoyu was discharged from hospital, his parents, as his legal representatives, filed a lawsuit with the people’s Court of Longchang city on his behalf, requesting the court to order Wang and Huang jointly and severally compensate for more than 58000 yuan of hospitalization medical expenses, 43000 yuan of outpatient treatment fees, 27800 yuan of nursing expenses, 4170 yuan of hospitalization food subsidies, 4170 yuan of nutrition expenses, 29340 yuan of disability compensation, 3000 yuan of spiritual comfort, traffic and transportation expenses The accommodation fee is 10000 yuan, with a total of more than 180000 yuan. Xiaoyu Fang believes that Wang is a schizophrenic and should not bear criminal liability according to law, but should bear civil liability for compensation. Huang and Wang are husband and wife. The joint property of husband and wife is managed by Huang. The personal part of the joint property of husband and wife should be used for compensation, and the insufficient part should be compensated by the guardian Huang. However, in the court trial, Huang argued that Xiaoyu had received compensation and social donations totaling more than 180000 yuan, which could completely cover the losses. In addition, Xiaoyu was injured because he did not get the effective guardianship of his guardian. He has done his duty of guardianship to his wife Wang, and he has no responsibility. Therefore, he asked the court to reject Xiaoyu’s claim. After hearing the case, Longchang people’s court held that Xiaoyu had the right to claim for medical expenses, hospitalization food subsidies, nutrition fees, nursing fees, disability compensation, spiritual solace, transportation and accommodation expenses in accordance with the law. < p > < p > for the inpatient medical expenses of more than 58000 yuan and the outpatient treatment fees of 43000 yuan, which xiaoyufang has paid, belong to its property loss. According to the court trial, after the accident, Xiaoyu party has received more than 160000 yuan through water drop financing, easy fund raising and government donation. The water drop financing, easy financing and government donation are social and targeted, that is, to help Xiaoyu solve the difficult problem of treatment costs. This sum is enough to make up for the loss of medical expenses claimed by Xiaoyu. Xiaoyu once again advocates medicine If the treatment cost is more than 100000 yuan, there is no factual and legal basis, and it can not benefit from the infringement of others, so the court does not support this. In addition, the court supported Xiaoyu’s claim of 27800 yuan for nursing expenses, 4170 yuan for hospital meals, 4170 yuan for nutrition, 29340 yuan for disability compensation and 3000 yuan for spiritual comfort. For his claim of transportation and accommodation costs of 10000 yuan, the court gave a discretionary support of 4000 yuan according to the actual situation of the place, time and frequency of medical treatment. The total amount is 72480 yuan. For Huang’s claim that Xiaoyu’s compensation and social donations can completely cover all the losses, the court held that the losses caused by Xiaoyu’s bodily injury include property losses and personal rights losses. For the property loss has been made up by social donations, Xiaoyu can not repeat his claim. For the loss of personal rights, the infringer can not be exempted from the responsibility of the infringer because of the goodwill contribution of the society and others. Therefore, the court partially adopted Huang’s defense opinion, that is, the reasonable losses in support of Xiaoyu’s claim were nursing expenses, hospitalization food subsidies, nutrition expenses, disability compensation, spiritual comfort compensation and transportation and accommodation expenses, totaling 72480 yuan, and did not support his claim of medical expenses of more than 100000 yuan. < / P > < p > in addition, Huang claimed that he had no responsibility. After examination, when the accident happened, Xiaoyu played with his guardian in the rural outdoor public areas. The injury accident was caused by Wang’s hearing hallucinations and hurt Xiaoyu with a knife without any reason. At the time of the accident, Wang’s guardian, Huang, was not present and was not at home, so he rushed back afterwards. Therefore, the court held that Xiaoyu and his guardian had no fault in the accident, and Mr. Huang did not provide evidence to prove that he had fulfilled the guardianship responsibility, so the reasonable loss of Xiaoyu should be borne by the defendant. On this basis, the court held that Xiaoyu’s reasonable losses of 72480 yuan should be borne by the defendant. After deducting the 40200 yuan paid by the defendant, the defendant should actually bear 32280 yuan. On October 21, Longchang people’s court made a first instance judgment: Wang compensated for various losses, such as Xiaoyu nursing expenses, hospitalization food subsidies, nutrition expenses, disability compensation, spiritual comfort funds and transportation and accommodation expenses, totaling 32280 yuan. The compensation fee is paid from Wang’s personal property, and the insufficient part is compensated by Huang. Other claims of the plaintiff shall be rejected. Information sharing for epilepsy patients