虚假宣传、过度医疗，营利性医院被判“退一赔三”

Core Viewpoint - The Beijing Third Intermediate People's Court has clarified the application of consumer rights protection laws in medical disputes, emphasizing the "refund and triple compensation" punitive damages standard to encourage medical institutions to operate with integrity [1][5]. Group 1: Case Summaries - A typical case involved a consumer, Lin Yang, who was misled by a hospital claiming to be a comprehensive national three-tier hospital, leading to unnecessary treatments and expenses totaling over 62,000 yuan [2][3]. - The court ruled that the hospital engaged in fraudulent practices, including false advertising and excessive medical treatment, and ordered the hospital to refund the medical fees and pay triple compensation [3][4]. Group 2: Legal Framework and Implications - The court has recognized the overlap between the identities of "patients" and "consumers," indicating that consumer rights protection laws should apply to medical disputes where patients are treated as consumers and medical institutions as profit-driven entities [4][5]. - The court outlined specific criteria for applying consumer rights protection laws in medical service contracts, including the nature of the medical institution as a profit-oriented entity and the voluntary formation of service contracts by patients [5].