1. The damage meets the legal requirements. The scope of infringement includes the right to life, health and body; Right to name, portrait, reputation and honor; The right to personal dignity and personal freedom.
2. Infringement will have serious consequences. If the infringement has a general impact and the consequences are not serious, the court will not accept it.
3. If the victim is at fault, the compensation for mental damage will generally be reduced or exempted according to the degree of fault.
Extended data:
On the afternoon of 2016 65438+1October 4th 10, 4 1 year-old Tang went to a hospital in Guangzhou for intravenous drip due to illness. At the same time, the drunken Tang pulled out the infusion needle in his hand for no reason, causing bleeding. After seeing the situation, the hospital nurse Duan immediately went forward to stop bleeding for Tang Mourong. However, Tang not only refused Duan's help, but also gave him a slap in the face and left the hospital.
After being beaten, Duan was hospitalized 18 days, and was diagnosed as left ear trauma, deafness and concussion. On March 20 16, Tang Morong was sentenced to administrative detention by Huadu Branch of Guangzhou Public Security Bureau for beating Duan 10 and fined 200 yuan.
However, Tang never apologized to Duan, nor did he compensate Duan for all the losses caused by it. To this end, Duan sued the court and demanded that Tang Mourong be ordered to compensate for medical expenses and other losses of 29,624.9 yuan, including 5,000 yuan from mental damage compensation.
In response to Duan's claim for compensation of 5,000 yuan for mental damages, the court held that, according to the law, if a natural person's right to life, health and body was illegally infringed, the court should accept the lawsuit for mental damages. Duan, as a staff member of a medical institution, saw that Tang Mourong was bleeding by a needle, offered help on his own initiative, and was highly responsible for his work, which is the positive energy that today's society needs to carry forward.
However, this is a slap in the face of Tang's consideration for others, which has a psychological impact on his future work and cannot be easily erased. Therefore, although this violent behavior of medical institutions has not caused disability, the court still supports the compensation of 3000 yuan for mental damage as appropriate to show comfort for Duan's kind behavior.
Baidu Encyclopedia-Judicial Interpretation of Mental Damage Compensation in the Supreme People's Court
? People's Daily Online-The patient was awarded more than 20,000 yuan for beating the nurse.