1 、basic case
On November 23, 2021, Yi Mouxi suffered a serious traffic accident driving an electric vehicle and was sent to a hospital in Xinyu City for treatment. On July 17, 2023, Yi Mouxi's condition deteriorated and died after ineffective rescue. During this period, a total of 503738.3 yuan was incurred. Yi Mouxi A and Yi Mouxi paid medical expenses of 51000 yuan for their father, and the medical expenses were still outstanding of 452,738.3 yuan. After Yi Mouxi's death, Yi Mouxi and Yi Mouxi were Yi Mouxi's first-in-order successors, but Yi Mouxi issued a declaration of abandonment of the estate. A hospital in Xinyu City then filed a lawsuit with the court, requesting that Yi A and Yi B be ordered to pay the remaining medical expenses.
2. Referee result
The People's Court of Fenyi County, Jiangxi Province, held that the case was a medical service contract dispute. Yi MouA and Yi MouB could not replace the legal status of the opposite parties involved in the medical service contract of Yi Mouxi's case. Yi MouA would pay the medical expenses of the People's Hospital within the scope of inheriting the actual value of Yi Mouxi's inheritance. A hospital in Xinyu City refused to accept and filed an appeal. After trial, the Intermediate People's Court of Xinyu City held that Yi A and Yi B, as Yi Mouxi's children, had not given up treatment for Yi Mouxi in order to save Yi Mouxi's life, and Yi Mouxi could be regarded as the subjects of the medical service contract involved in the case. Supporters should ensure that sick elderly people receive timely treatment and care; medical expenses should be provided for elderly people in financial difficulties. A supporter may not refuse to perform his maintenance obligations on the grounds of relinquishing his inheritance rights or other reasons. Therefore, supporting parents is the legal obligation of children. This obligation should not exclude the obligation to treat and provide assistance to the elderly. Yi A and Yi B should be responsible for paying the medical expenses involved in the case. Based on this, the revision was revised to pay the medical expenses involved in the case in advance within the scope of Yi Mouxi's estate. If the estate was insufficient to cover the portion, Yi MouA and Yi MouB should jointly bear the responsibility for payment.
3. Typical significance
Supporting the elderly and rewarding the kindness of raising them are traditional virtues of the Chinese nation, and they are also legal obligations that children should fulfill. The second paragraph of Article 26 of my country's Civil Code stipulates that adult children have the obligation to support their parents. The Law on the Protection of the Rights and Interests of the Elderly further clarifies that supporters have the obligation to support the elderly, including providing medical expenses. In this case, as a supporter, the child's obligation to support his parents is a legal obligation, and the right to inherit the inheritance can be waived, but the obligation to support his parents cannot be exempted. The supporter's payment of parents-related medical expenses is a reflection of the child's performance of the legal support obligations. The judgment in this case plays an educational and guiding role in the public, is conducive to promoting the construction of family tradition and civilization, and creates a harmonious, tolerant, and respecting and loving public opinion atmosphere and social customs.
