Li, a lactating woman, was injured in a car accident and could not breastfeed her baby as instructed by the doctor, so she appealed to the court to ask the party involved to compensate for the cost of milk powder instead of breast milk and other losses caused by her inability to breastfeed. Recently, the People's Court of Jinan Hi tech Industrial Development Zone in Shandong Province heard the civil dispute case. In the end, the court decided to support Li's claim, and the infringer was judged to compensate Li for the "milk powder money" within a reasonable range. Li became a treasure mother in January this year. Before she finished her maternity leave, she encountered a traffic accident, which resulted in a fracture of her left leg. She was hospitalized for more than 20 days. The traffic police department confirmed that Mr. Li was not responsible. After the treatment, Mr. Li sued the infringer to the court because the infringer failed to perform the liability for compensation according to law. Li's claim includes medical expenses, lost time expenses, nursing expenses, nutrition expenses and other losses. In addition, it also includes a special claim for compensation for "milk powder money". Mr. Li believed that he was in lactation when the accident occurred, and he had to use medicine to treat his injuries due to the accident, so he could not continue to breastfeed his children, which resulted in additional costs for purchasing milk powder, so he claimed the loss from the infringer. During the hearing of the case, Mr. Li submitted the invoice for purchasing milk powder during the treatment period and the medical advice certificate issued by the hospital prohibiting the use of breast feeding. The above evidence can prove that he actually paid extra "milk powder money" due to the traffic accident. The infringer argued that the "milk powder money" was not a legal compensation item, and Li's claim had no legal basis. After the trial, the court held that, according to general knowledge, breastfeeding can enhance the infant's immunity and enhance the mother child relationship, which is more beneficial to the physical and mental development of the infant, and is the first choice for mothers during the nursing period. After the traffic accident, Mr. Li had to give up breastfeeding due to medical treatment, which was a helpless choice. At the same time, he paid extra "milk powder money". Although the law of our country does not explicitly stipulate the "milk powder money" as a personal injury compensation item, in this case, the loss is the actual property loss caused by the infringer's infringement of Li's personal rights and interests, which has a causal relationship with this traffic accident, and the infringer has a fault, so the infringer should compensate Li's "milk powder money" within a reasonable range. (Liu Xinshe)
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：People's Court Journal
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