Where a motor vehicle not engaged in operation of business causes damage in a traffic accident to a guest passenger who is on the ride for free, if the liability is attributed to the motor vehicle driver, the liability of the user of the motor vehicle for compensation shall be mitigated unless he acts intentionally or with gross negligence.
Liability for Medical Malpractice
Where a patient suffers damage during diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall assume the liability for compensation.
The medical staff shall explain the medical conditions and treatment measures to the patient when diagnosing and treating him. Where a surgery, a special examination, or a special treatment is needed, the medical staff shall explain to the patient the medical risks, alternative treatment plans, and other information in a timely manner and obtain his express consent. Where it is impossible or inappropriate to do so, the medical staff shall explain it to the patient’s close relatives and get their express consent.
Where the medical staff fail to fulfill the obligations as provided in the
preceding paragraph and thus cause damage to the patient, the medical
institution shall assume the liability for compensation.
In the case of rescuing a terminally ill patient or in another emergency situation, where consent of the patient or his close relatives cannot be obtained, upon the approval of the person in charge of the medical institution or an authorized person in charge, the corresponding medical measures may be taken forthwith.
Where the medical staff fail to fulfill the duty of diagnosing and treating the patient up to the then current appropriate medical level, and thus causes damage to the patient, the medical institution shall assume the liability for compensation.
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