Special Provisions on Tortfeasors

Abstract

Case::

Yuangui Tian et al. vs. Rudong No. Four People’s Hospital

Facts::

A schizophrenic was sent to the hospital and received first-degree nursing care. After a period of treatment, the nursing care was switched to second-degree care. However, the schizophrenic hung himself in the bathroom one day. Family members of the decedent sued the hospital for damage.

Issue::

Who owed a guardian’s duty to the schizophrenic: his family members or the hospital?

Holding::

The trial court held that Defendant owed a duty of care to the decedent, which was based on the law that the hospital should guard its patients. Defendant was negligent because it violated nursing regulations by improperly switching the decedent from first-degree to second-degree level of nursing care. However, Defendant’s negligence was not the direct cause of the decedent’s death. Therefore, Defendant shall only be liable for part of the compensation for death and mental distress. The appellate court held that the duty of guardianship was not transferred from the family members of the decedent to the hospital when the decedent was hospitalized. The hospital’s liability shall be determined based on the seriousness of its negligence. Considering that Defendant’s fault was minor and that it is a public interest organization with low profits, the appellate court found that damages for mental distress should not be granted. The rest of the trial court’s judgment was upheld.

Rule::

If a patient commits suicide in the hospital, the hospital shall bear tort liability only when it is found to be negligent because the duty of guardianship is still owed by the family members of the patient.