means, the transferor and the transferee shall assume joint and several liability. Ar cle 1215 Where damage is caused as a result of a tra c accident involving a motor vehicle that has been stolen, robbed, or snatched, the thief, robber, or snatcher shall bear the liability for compensa on. Where the aforemen oned motor vehicle is used by a person other than the thief, robber, or snatcher and causes damage in a tra c accident, if the liability is a ributed to the motor vehicle driver, the thief, robber, or snatcher shall assume joint and several liability with the user. Where an insurer pays the expenses for rescue within the limits of the compulsory insurance liability for motor vehicles, it has the right to indemni ca on against the person who is liable for the tra c accident. Ar cle 1216 Where a driver of a motor vehicle hits and runs a er a tra c accident, if the motor vehicle is insured by a compulsory insurance, compensa on shall be paid by the insurer within the limit of the insured liability. Where the motor vehicle cannot be located, is not covered by the compulsory insurance, or the rescue expenses exceed the limit of liability of the compulsory motor vehicle insurance, and payment needs to be made against the rescue, funeral, and other expenses incurred as a result of the death or bodily injury of the infringed person, such payment shall be paid from the Social Assistance Fund for Road Tra c Accidents. A er the Social Assistance Fund for Road Tra c Accidents makes the payment, its administra ve agency has the right to indemni ca on against the person who is liable for the tra c accident. Ar cle 1217 Where a motor vehicle not engaged in opera on of business causes damage in a tra c accident to a guest passenger who is on the ride for free, if the liability is a ributed to the motor vehicle driver, the liability of the user of the motor vehicle for compensa on shall be mi gated unless he acts inten onally or with gross negligence. Chapter VI Liability for Medical Malprac ce Ar cle 1218 Where a pa ent su ers damage during diagnosis and treatment, and the medical ins tu on or its medical sta is at fault, the medical ins tu on shall assume the liability for compensa on. Ar cle 1219 The medical sta shall explain the medical condi ons and treatment measures to the pa ent in diagnosis and treatment thereof. Where a surgery, a special examina on, or a special treatment is needed, the medical sta shall explain to the pa ent the medical risks, alterna ve treatment plans, and other informa on in a mely manner and obtain his express consent. Where it is impossible or inappropriate to do so, the medical sta shall explain it to the pa ent's close rela ves and get their express consent. Where the medical sta fail to ful ll the obliga ons as provided in the preceding paragraph and thus cause damage to the pa ent, the medical ins tu on shall assume the liability for compensa on. Ar cle 1220 Where consent of a pa ent or his close rela ves cannot be obtained in the case of rescuing a terminally ill pa ent or in another emergency situa on, upon the approval of the person in charge of the medical ins tu on or an authorized person in charge, the corresponding medical measures may be taken immediately. Ar cle 1221 Where the medical sta fail to ful ll the duty of diagnosing and trea ng the pa ent up to the then current appropriate medical level, and thus causes damage to the pa ent, the medical ins tu on shall assume the liability for compensa on. Ar cle 1222 A medical ins tu on shall be presumed to be at fault where damage is in icted on a pa ent during diagnosis and treatment under any of the following circumstances: (1) there is a viola on of the provisions of laws, administra ve regula ons, rules, or other relevant guidelines for diagnosis and treatment; (2) the medical records are concealed or the request for provision thereof is refused; or (3) the medical records are lost, forged, tempered with, or illegally destroyed. ti ti ti ti ti ti ffi ffi ti ti ti ffi ti ti ti fl ffi ti ti ffi ti ti ti ti tt ft ti ti ti ti ffi ti ffi ti ti ti ti fi tt ti ti ti fi ti ti ti ti ti ti ti ff fi ti fi ff ti ff ti ti ff ff ti ti ti ffi ti ff ti ti ff ft ti ti ti ti ti ti ti ti ti ti 131