On June 28th, 2004, Wu Mou, a citizen, went to the hospital for medical treatment because he was unwell. The doctor diagnosed him as nongonococcal urethritis. Since then, Wu Mou has been treated in this hospital for more than a month. During the treatment, the hospital used fluconazole and thymosin for many times, and the drug price was 206 1.60 yuan. In August of the same year, Wu Mou was diagnosed as prostatitis by the hospital. Wu Mou was surprised at the news. On August 13, Wu Mou went to a big hospital in Nanjing and was diagnosed with prostatitis. Wu Mou believed that there was misdiagnosis in A Hospital, which delayed his own treatment and made him pay more for medical expenses, so he should compensate for economic losses and spiritual comfort, so he took the hospital to court.
So, is there anything wrong with the behavior of Hospital A? Who should pay for this big prescription?
[Case study]
In this case, Wu Mou was registered in the hospital, and a health legal relationship was formed between doctors and patients according to law. Wu Mou and the hospital are both subjects of health legal relationship, namely parties. Wu Mou has the right to timely and correct medical services, and must pay the necessary medical expenses at the same time; Hospitals should provide timely and correct medical services for patients and have the right to charge necessary medical expenses. This is the right and obligation that the parties to the health legal relationship should enjoy and must perform, and it is also the content of the health legal relationship. The object of health legal relationship is the object of rights and obligations of both parties, that is, Wu Mou's right to life and health, the hospital's diagnosis and treatment behavior and the necessary medical expenses.
In health law, health legal facts are the key factors that cause the emergence, change and elimination of health legal relations. According to whether the health legal facts are related to the will of the parties, the health legal facts can be divided into: health legal events and health legal acts.
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