標題: the Gulou District 法 [打印本頁] 作者: btk2hw8d8 時間: 2015-6-5 22:45 標題: the Gulou District 法
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13 years ago the citizens of Nanjing Zhang diarrhea go to a tertiary level hospital, because hospitals inappropriate medication lead to renal failure, constitute four disability. After that, Zhang sued the Nanjing Gulou District Court held that disability compensation,porsche design occhiali da sole, eligible for court support. Unfortunately, after Zhang's condition has not only failed to reverse, but in 10 years after the deterioration and death. Their families believe that it is the fault of the hospital that year was a result of Zhang's death consequences, it is also taken to the Gulou District Court asked to pay compensation for death. Recently, the Gulou District 法院对该案 first instance verdict, plaintiff awarded 24.5 million yuan, of which 198,scarpe hogan,600 yuan compensation for death. Reporters learned that the patients after obtaining disability compensation, death compensation the families of reassertion and eventually won, which is rare in the trial.
Cure diarrhea-induced renal failure
December 8, 1998,cappelli polo, 57-year-old Zhang due to diarrhea to some hospitals of Nanjing treatment. During treatment, the hospital according to Zhang's condition, the use of gentamicin injection,louboutin chaussures, surprise,louboutin paris homme, turned out to be trouble, resulting in Zhang renal failure, risk losing their lives.
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After Zhang discharge, apply for Medical Malpractice, but after two setbacks, district and municipal levels Malpractice agencies identified Zhang's case does not belong to medical malpractice. April 2001, Zhang to the medical side failed to fulfill its due diligence, duty of care, breach of technical practices and drug use principle, cause they have been hurt by appeal to the Drum Tower District Court, claims the defendant hospital compensation for medical expenses , disability living grants and other related costs.
Case, the Court accepted the application Zhang commissioned the Ministry of Justice Forensic Center for Zhang's case was identified, the final results of the expert opinion: doctors use antibiotics in line with the principles of antibiotic use, in the selection of the types of drugs, no error of principle on the dose and route of administration. But taking into account the possibility of suffering from hypertension Zhang original, and since incidence has diarrhea four days, has the potential renal damage, so the hospital before using gentamicin and use,Hogan Scarpe, renal function should be measured situation, but the medical side negligent in this regard, it should be determined by the treating hospital here, there are still shortcomings.
After the results came out of Forensic Sciences, Zhang authorities and apply for disability grade appraisal done, Zhang found the conclusions of renal impairment constitute four disability.
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According to the expert opinion,coach occhiali da sole, December 15, 2003, the court in accordance with the established facts,bvlgari bracelets, and referring to the identification of the conclusions of the first instance verdict, sentence the defendant to the hospital to Zhang consequences of the damage bear 80 percent responsibility, compensation for medical expenses, injury residual fees 78,000 yuan living allowance, disability living allowance which is 5.12 million. Continue treatment costs, according to 1600 yuan monthly rate by Zhang with the monthly reimbursement of medical documents to the defendant hospital. After the verdicts, the defendants filed an appeal against the hospital, after the Nanjing Intermediate People's Court after careful trial, ruling rejected the appeal and upheld the original verdict.
After the death of family members of the patient and then the cable compensation
Until March 2008, Zhang did not re-hospitalization, but until the defendant hospital outpatient monitoring of renal function, clinic doctors with "chronic renal failure" given symptomatic treatment. The evening of 9 January 2009,chaussures louboutin, Zhang's condition suddenly deteriorated, his family rushed to another hospital where the top three, but the end result He died the next day died. Medical certificate of death in the cause of death was stated: cerebral hemorrhage, uremia, hypertension 3.
Shortly processed in funeral Zhang and Zhang's wife Wang Fang, the son of Zhang Zhang Kai then the original top three hospital to treat Gulou District Court, requesting the court to sentence the defendant to compensation for medical expenses, funeral expenses, death compensation and a total of 406,maglie calcio,200 yuan in 80%. The plaintiff also claims another mental solatium 40,000 yuan. Family sued the reason is that there is a causal relationship between the early wrongdoing and accused Zhang's death.
November 10, the Drum Tower District Court trial premenstrual established facts of the case verdicts. The court found that the results of previous instruments recognize valid judgment showed that the defendant Zhang hospital to deal with chronic renal failure and other consequences of the damage bear 80% of the liability. Comprehensive case, the court determined the defendant hospital should bear the consequences of the damage Zhang overall mortality of 56% of the liability, in terms of look, which then assume responsibility for 70% in the range of 80%. According to the court finds that, combined with data calculated according to the law, in accordance with the Civil Code and the relevant judicial interpretations, sentence the defendant to the hospital for compensation for the loss of Zhang families totaling 245,300 yuan, including compensation for death 19.86 million. After the verdicts and accused the hospital refused to accept the appeal, the present case is now entering the second instance (Paper party is a pseudonym). Correspondent Yang Miao Li Ziqing newspaper reporter Luo Shuangjiang
Judges say:
Legal causation can be compensated
Why such a case the first instance judgment Where is extending the value of their judgments This Gulou District Court Civil Tribunal gave Huang Deqing Interpretation,escarpins louboutin.
Huang Deqing said: civil damages to fill the loss of principle. Maimed victims of injury, loss of life and the right to existence of compensable income during incapacity due to a result of that disability compensation. The victim after receiving the disability compensation, if the development of the same disability due to illness and death aggravating fact, exist on both legal causation, the right to compensation by law is entitled to compensation for death.
Huang Deqing President said: the case of extending reference value judgment, a party subject to physical damage, after obtaining disability compensation, because the same kind of damage or disease leading to death, as long as the causal relationship between the two with the law,cinture burberry, their families can be re-charged.
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