Source: Rule of Law Daily
With the growth of pets and the transformation of the concept of pets, the "pet economy" continues to heat up.According to the white paper in China's pet medical industry in 2022, as early as 2020, the scale of Chinese dogs and cats had more than 100 million pets.
At the same time, the "personality" of pets has the characteristics of "emotional economy", which is more likely to cause various disputes. Especially because the pet diagnosis and treatment industry is currently not standardized and the diagnosis and treatment technology is uneven.Excessive medical care, "sky -high" medical care and other phenomena are common. As a result, pets are difficult to see a doctor, the breeder is difficult to protect their rights.
There is a gap from tens of thousands to hundreds of yuan
Chen Lei (pseudonym), who lives in Fuzhou City, Fujian Province, has a teddy dog.Not long ago, the puppy accidentally fell from the sofa, woke up for a while, and walked a little crooked.Chen Lei quickly sent him to the pet hospital.
"The doctor observed for a while, fed some water for the puppy, and found that if he couldn't feed it, he said that the puppy was not in good condition, and his head may fall.Maybe he wants to bump. "Chen Lei recalled.
When asked about the cost of diagnosis and treatment, the doctor told Chen Lei that the CT of the brain had thousands of yuan, the craniotomy was hard to say, and it had to spend tens of thousands of yuan.
"I just joined the work and had no savings. I heard such expensive treatment costs dumbfounded. I could only hold the dog back home." Chen Lei said.A few days later was the eleven holiday. Chen Lei, who was going back to his hometown, brought the sick puppy back.With a hint of hope, she came to the local pet clinic again.
"The doctor touched the puppy's head and spine, carefully observed its eyes and mouth, and gave it 3 stitches to repair nerves, reduce skull pressure and increase nutrition." Chen Lei said.After continuing to take 3 days of needle, the puppy has improved significantly, and it only costs more than 300 yuan before and after.Chen Lei is very happy, but he is also very puzzled: "The same disease, how is the diagnosis and treatment plan given by different pet hospitals different?"
Damous due to trauma, but because of cat plague
If the excessive diagnosis and treatment behavior and "sky -high" medical expenses just make the pet adorers feel helpless to eat dumb, then the beloved pet caused the death due to irregular medical behavior, which will add a difficult healing to the pet owner's heartscar.
In May this year, Huang Jing (a pseudonym) working in Fuzhou picked up a wandering kitten, and his right foot was injured.Huang Jing was very distressed, so he took the kitten home to feed.After a while, Huang Jing found that the kitten's right foot claws could not heal themselves, so they sent it to a pet hospital for treatment.
"After diagnosis, the kitten has the cause of right -foot ulcer erosion. The pet hospital recommends that the kitten infusion and hospitalization for 5 days for treatment." Huang Jing said that she paid more than 2,700 yuan for hospitalization and medical expenses for this.During the hospitalization, the condition of the kitten had improved, but then suddenly his mental was not good and began to vomit.Five days later, Huang Jing went to the pet hospital, but was told that the kitten died of a cat plastic during the hospitalization.
In addition to Huang Jing's sadness, he believes that the pet hospital has misjudgment of kitten's illness. He did not fulfill his responsibilities and management responsibilities, so he complained to the People's Court of Gulou District, Fuzhou City to ask the pet hospital to return all medical expenses.
The focus of the cause of the death of the kitten's death was caused by the improper behavior of the pet hospital.It is not infected with cat plague, and the diagnosis of pet hospitals does not include kittens carrying cat plague virus.
The court believes that the pet hospital should know the condition of the kitten. During the treatment process, it should be fully concerned but did not do it. It did not provide effective isolation measures during the hospital hospitalization.obligation.
In the end, a pet hospital returned all the medical expenses of Huang Jing under the mediation of the court, but Huang Jing couldn't be happy: "A small life is so gone, and I don’t know if I picked it back.Still wrong ... "
Four legal issues of pet medicine
According to the white paper in China's pet medical industry in 2022, as of October 2022, the number of pet diagnosis and treatment institutions in the country has reached 19,930.
"The current pet economy is booming, and many problems of pets have been derived from one after another, and animal diagnosis and treatment disputes have also risen."There are 31 pets involving pets, of which there are pet medical disputes.
Combined with the actual cases, Wu Wenjun summarizes the main problems of medical legal legal issues often encountered by the breeders, namely: the cause of death after pet consultation is determined that whether the pet hospital can be signed at the risk of illness,And advocating exemption, pet hospitals have excessive medical care and how to defend their rights when breeders should protect their rights when the breeders who have received high medical expenses, and the compensation of pets after the death of pets.
Wu Wenjun introduced that when pets died of illness during the hospitalization, the medical records, examination results, and pet hospital's isolation prevention and control measures were combined to comprehensively judge whether the pets were carried by the pet itself or the improper pet hospital measures caused by the improper pet hospital measures.infected.
In response to whether the pet hospital can sign the risk of the condition, Wu Wenjun analyzed that the service contract and the risk of the disease provided by the pet hospital are usually a format contract.Or reduce its responsibilities, etc., and other terms that have a major interest relationship with the other party, explain the clause according to the requirements of the other party.
"If the prompt is not fulfilled or explained the obligation to explain, so that the breeder does not pay attention or understands the terms that have a major interest relationship, the breeder can claim that the clause cannot be the content of the contract." Wu Wenjun said.
In response to the existence of excessive medical care and collecting "sky -high" medical expenses in pet hospitals, Wu Wenjun suggested that the breeder can ask the pet hospital to fully explain the treatment plan, and carefully read the relevant treatment terms and charging standards in the hospital.When there is improper medical behavior or high charges in the hospital, report to the relevant regulatory authorities in a timely manner.
"If the fault of the pet diagnosis and treatment institution is due to the death of pets, in addition to requiring compensation for medical expenses and pets itself, it can also be required to require certain mental damage compensation as required." Wu Wenjun introduced.
The Guide to Rights Protection of the Barrier
Wu Wenjun said that under the current legal framework, pets are regarded as the "property" of the breeder, and their main objects related to medical accidents are natural persons.Therefore, there is no special provision of pet medical care at the legal level, which makes it difficult for pet breeders to protect rights."Therefore, when dealing with such disputes, it is necessary to consider both the principle of non -fault liability for breach of contract, but also consider the spiritual value of pet individual differences and pets as special property to the breeders.Essence
So when pets need to seek medical treatment, what preparations should the breeder make in advance to better protect the legitimate rights and interests of their pets?Wu Wenjun suggested that, first of all, the breeder needs to choose a qualified pet hospital and a doctor with an veterinary qualification certificate, and pay attention to the matching of the scope of the diagnosis and treatment with the actual diagnosis and treatment measures."When signing a pet medical service contract, the contract shall stimulate the treatment items, amounts and liability for breach of contract." Wu Wenjun said.
Secondly, the breeder should pay attention to the price of animal diagnosis and treatment of the pet hospital, and describe and explain pet diseases to the doctor in detail.If you have questions or disputes during the clinic, you should communicate with the other party in time.
"Finally, the breeder needs to keep key evidence such as related medical service contracts, charging documents, and chat records.During the dispute, you can negotiate with the pet hospital first, and if necessary, resort to the court, and avoid taking extreme ways to defend rights."Wu Wenjun said.
