Xu mou and a hospital doctor Miao mou department of secondary school classmates, the relationship is good. One day, Xu went to the hospital to see a doctor was diagnosed with lymphatic tuberculosis, need to do surgery. Xu Mou will find Miao Mou, let Miao Mou find a familiar doctor for him to do surgery. That night after work around 7:00, Miao Mou looked for the hospital doctor Fan Mou for Xu Mou surgery, after the surgery Xu Mou gave the money to Fan Mou. As a result, a few days after the surgery, Xu Mou found unwell, went to the hospital and found that the last lymphadenectomy surgery led to intra-abdominal infection. Later, it was identified that the doctor was clearly at fault during the surgery. Now Xu wanted to request compensation to the hospital, the hospital defended that the hospital and Xu did not establish a doctor-patient relationship, Fan's behavior for his surgery is a personal behavior. Then, the hospital should be liable for Xu's damage?
Analysis according to law
In this case, the key point is to determine whether the behavior of Fan to do the surgery is the doctor's official act. Duty behavior is this unit division of labor recognized by the post responsibility or entrusted within the scope of duty activities. If it is the doctor's duty behavior, the hospital should be responsible for Fan's fault; if it is Fan's personal behavior, then Fan himself is responsible. In this case, xu mou looking for acquaintance miao mou, miao mou and then for his find fan mou surgery, xu mou did not register in the hospital outpatient, also did not pay the surgery fee to the hospital, xu mou and the hospital did not establish a doctor-patient relationship. XuMou will surgery fee to FanMou, FanMou in off-duty time to use the hospital equipment to XuMou surgery, should be FanMou's personal behavior, the hospital does not need to take responsibility for this.
Tips
Personal and official behavior can not be confused. Actors on behalf of the unit to exercise their duties, must be in the name of the unit to exercise, and if necessary, stamped with the official seal of the unit, so that in case of litigation, but also to provide evidence in their favor.
--cited from the Yanbian People's Publishing House, "Masters of Law"