Nanfang Daily (Reporter / Guo Biao) years ago, plaintiff Chen and Shenzhen Friendship Hospital (hereinafter referred to as the Friendship Hospital) signed a contract agreement department by Mr. Chen is responsible for the department's work, but then the hospital unilaterally notice Chen closed down since the disputes. Chen paper petition to court the hospital, to recover a total of more than 160 million in damages. Fukuda made before the court of first instance verdict, found the two sides sign the agreement invalid, Mr. Xiang Chen hospital charge management fees and refund the deposit total 325,000 yuan, and compensation for losses due to an invalid contract caused 127,278 yuan.
The plaintiff was a huge reason to close down loss
Chen claimed that, in December 2009, he signed a contract agreement with the department Friendship Hospital, the main treatment for diabetes treatment range. In accordance with the agreement, he paid 100,000 yuan per month management fee to Friendship Hospital. But in April 2010, Mr. Chen Friendship Hospital closure notice up to 9 months old. Meanwhile, the hospital has four demolitions of the department's billboard, prevent it from normal business, serious losses. Chen presented a claim to the Friendship Hospital Drug costs, contract costs, hospital expenses, advertising expenses, and seven doctors and wages costs, totaling 1,624,825 yuan.
The defendant hospital to turn up the margin deducted
Friendship Hospital respondent said,air max pas cher, "clinical departments of Internal Medicine (Endocrinology Clinic) integrated objectives of economic management responsibility" signed by both parties, after the expiration of December 4, 2010 rights and obligations of the parties shall be terminated. International Drug charges plaintiff alleged plaintiff purely personal conduct, staff salaries and office supplies and other expenses are borne by the plaintiff. It is contracted by the department and by the use of an unregistered in the medical institutions licensed assistant doctors engage in independent treatment activities,air max pas cher pour femme, in violation of regulations. Shenzhen health administrative departments are made 2 demerit points penalty, and ceased to operate that department. The hospital believes that direct economic and reputation damage to the hospital, according to the agreement responsibility deduct all margin.
Court & nbsp; hospitals refunded and compensation
Fukuda Court found that the signed letters of responsibility between the plaintiff and the defendant in essence contracting system within the hospital departments conduct of operations, the contract violated the mandatory provisions of laws and administrative regulations, the Department of invalid contract. Resulting in avoidance of the contract responsibility system main defendant, the plaintiff should bear secondary responsibility. Therefore, the defendant should be returned to management fees and deposits are made on the basis of an invalid contract law. Hospital charges the defendants charged 20,000 yuan and advertising expenses plaintiff the defendant should bear 70 per cent, totaling 127,278 yuan. Get loss drugs charges plaintiff claims, staff salaries, office expenses and so on,hogan uomo, the lack of evidence, should be borne by the plaintiff.
Accordingly, the court Friendship Hospital, Mr. Xiang Chen refundable charge management fees and deposits total 325,000 yuan, and compensation for losses due to an invalid contract caused 127,278 yuan.
It is understood that the friendship hospital first instance verdict, applied to Shenzhen Intermediate People's Court appeal. Newspaper will continue to focus on the case of the second trial process.
■ lawyers say
Hospital departments without letting obvious violation
"The hospital is illegal without permission of foreign contracting departments, national laws and regulations already clear prohibitions." Guangdong Xin Yong Xu Yiqun, director of law firm lawyers said this during an interview with reporters.
Xu Yiqun said the lawyer, medical institutions are special industry,chaussure nike pas cher femme, its diagnostic and treatment practices related to life and health of the majority of patients, the national law practice strict barriers to entry. Clearly defined by the State Council promulgated the "medical institution regulations" medical institution must be registered to receive "medical institution." "Medical institution" shall forge, alter, sell, transfer, lease. Not made "medical institution" shall not carry out treatment activities. The Ministry of Health in 2004 issued a "crack down on the illegal practice on the issuance of special rectification program", will also be illegal practice of medicine and medical institutions employ non-medical personnel to practice medicine, "rental department," "outsourcing department" as the focus of remediation content.
Xu Yiqun lawyer further said,air max outlet italia, "Shenzhen Special Economic Zone
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