Hospitals have the obligation of security, mainly medical parties in the process of treatment in the hospital, the patient and his family should provide security protection of personal, property and other security obligations, that is, it should be done to ensure a certain degree of security obligations. The main content of the hospital security obligations include two aspects: one is the facilities of the security obligations, hospitals within the scope of its control of the building, transportation, instruments and equipment, ward air, elevators and handrails, nutrition cafeteria, floor floor, power switch, power distribution, toilet floor, etc., to be properly stored, regular inspection, at any time to maintain, to ensure that it is always in a normal state of operation, leaving no hidden dangers. Second, the human aspect of the obligation to protect the safety of hospitals should be based on legitimate reasons to enter the premises of the personnel to protect from third-party harm, the protection of the object is not limited to the patient, at the same time, the hospital must be controlled by the potentially hazardous situation within the hospital to have the appropriate early warning mechanism, specific measures include warnings, instructions, instructions, information and protection.
Legal basis:
The Chinese People's **** and the National Code
Article 1218 The patient in the diagnosis and treatment activities suffered damage to the medical institution or its medical personnel are at fault, by the medical institution to bear the responsibility for compensation.
Article 198 The operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business places, public **** places, or the organizers of mass events, fail to fulfill their obligations of safety and security, causing damage to others, shall bear responsibility for the infringement of rights.
Because of the third person's behavior caused damage to others, by the third person to assume tort liability; operators, managers or organizers have not fulfilled their obligations to ensure safety, bear the corresponding supplementary responsibility. The operator, manager or organizer of the supplementary liability, can be recovered from the third party.
Article 1182 If the infringement of the personal rights and interests of others causes property damage, the infringer shall be compensated in accordance with the loss suffered by the infringer or the benefit gained by the infringer as a result of the infringement; the loss suffered by the infringer or the benefit gained by the infringer as a result of the infringement is difficult to ascertain, and the infringer and the infringer are unable to reach agreement on the amount of compensation, and the infringer institutes a lawsuit in the People's Court, the People's Court shall determine the amount of compensation according to the actual situation. Determine the amount of compensation.
Derivative questions:
What are the circumstances under which a medical institution is considered to be at fault? Patients in the diagnosis and treatment of damage, one of the following circumstances, it is presumed that the medical institution is at fault: (a) violation of laws, administrative regulations, rules and regulations and other relevant diagnostic and treatment norms; (b) concealment or refusal to provide the dispute-related medical records; (c) loss, forgery, tampering with or illegal destruction of medical records.