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Decade litigation, Zhang daddy have a bunch verdict.
Metropolis Daily News reporter intern Zhang Linli Zhou Ning Liu Chunyan Yu Hao Tian correspondent Trail
Twice within more than 3 months after liver transplantation, a university in Wuhan Zhang died. Since then, his father Zhang dad began a 10-year marathon litigation.
After the first trial,http://cutyayu.sakura.ne.jp/cabbs/sunbbs.cgi?mode=form&no=106&page=/a, the second trial, a retrial,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=171&page=1, the Port District People's Court when the case for retrial think twice Zhang liver transplantation are at serious infection has not been implemented effectively control the situation, the presence of a hospital in Wuhan overtreatment. July 1 this year, based on the implementation of China's "Tort Liability Act," the new regulations, the court ruling yesterday: liver transplantation should be returned to the hospital for medical expenses Zhang paid 76 million yuan, 17 million yuan at the same time compensate the plaintiff.
Receiving the verdict, Zhang dad took a deep breath: "Over the years, I taught myself more than law books, has rights to use legal means I always believe that the law is fair ......."
It is reported the case after the Department of China's "Tort Law",air max femme pas cher, Hubei's first case of excessive medical Panpei.
Spend millions, died after two liver transplant
Yesterday, the 74-year-old Zhang dad from Hanchuan home to the Han,peuterey prezzi, briefed reporters after his son dies of an illness. Zhang dad says he fathered five children, died of a liver transplant is the eldest son Zhang.
Zhang was born in 1962, grew academic excellence, after graduating from a university in Wuhan universities. In 1993, he was vomiting blood, accompanied by black, still no improvement after several therapy. July 30, 2000, he was due to continuous vomiting, melena, in Wuhan,air max 90 pas cher, a hospital after hospitalization. The inspection diagnosis: cirrhosis, esophageal varices bleeding. August 1 the same year, the hospital after consultation, to Chang's wife issued a "notice of critical condition," Zhang physician recommended liver transplantation.
In the same year on August 8, Zhang received a liver transplant surgery, blood is higher. Experts believe him after consultation severe infection after liver transplantation, liver transplantation should be secondary.
November 21 the same year, the hospital Zhang conducted a second liver transplant, but still can not effectively control postoperative infection. Zhang sepsis, multiple organ failure. More than 10 days,http://www.ma-runet.jp/job_db/profile.cgi, Zhang died, only 38 years old.
Within three months, he spent nearly one million yuan for medical expenses. Zhang dying left last words: "People want to die after all, but we must understand that the hospital have to pay me to die of liver ......." Heartbroken Zhang dad decided to seek explanation lawsuit. But he did not expect that this litigation, before actually lasted 10 years.
First instance verdict, the court dismissed the plaintiff's claim
Since then, Zhang dad today Hubei law firm commissioned by Friends of the tour as an agent, the hospital to court claims more than 120 million yuan. In June 2002,http://dgstex.com/oldss/?action-viewcomment-type-news-itemid-19875, Port District People's Court heard the case and entrusted Wuhan Branch of the Chinese Medical Association accused the hospital for treatment of behavior were identified. In September, the Association believes that due to lack of original medical records, can not be identified.
When hearing the case, the hospital side argued that Zhang was diagnosed as "cirrhosis" more than eight years, the occurrence of gastrointestinal bleeding was six times and had undergone splenectomy, devascularization. Since his hospitalization,outlet air max 97, a lot of vomiting and blood in the stool,http://www.88822.com/#03666/read.php?tid=980, before surgery in shock, ascites and other clinical manifestations, the condition is very critical. After surgery expert consultation found that Zhang has come to the end of cirrhosis. Agreed and signed by the families, the hospital Zhang implement a liver transplant.
Hospital side also said that in the explanation to the families of the high risk of surgery, etc. after, the family agreed, the doctor fishes Zhang was the second liver transplant. Zhang in the hospital to treat the next, due to severe liver disease and severe infections, died shortly after surgery. Hospital without medical mistakes should not bear responsibility.
In December 2003, the court examination that took Zhang dad privately missing original medical records, hospital side can not cause the burden of proof and can not be identified, the responsibility should be borne Zhang dad, then the judgment dismissed the elderly.
After several appraisal, and finally come to "overtreatment" Conclusion
Since then, the case after the second trial, a retrial, all claims were dismissed Zhang dad. During the court one after another in Wuhan judicial appraisal commissioned by the Commission, the Justice Department Forensic Center and other units identified, the relevant units to lack of material, the technical level is not enough, he refused to identify.
In the attorney tour Friends of the encouragement, was frustrated Zhang dad and regain confidence, the Provincial Higher People's Court for retrial. September 2008,hogan outlet,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, after the High Court to review the view that although Zhang dad secretly took improper records, but the burden of proof shall be on the hospital donor is fresh bear the burden of the original judgment of first instance assigned to Zhang dad, are proof improper allocation of responsibilities, should be corrected, then Wuhan City Intermediate People's Court ruled that the retrial.
During the retrial, the Wuhan City Intermediate People's Court entrusted the China Association of Forensic Sciences Centre of Forensic Sciences, the Centre in January this year,http://www.shanshuirw.com/forum.php?mod=viewthread&tid=164741&extra=, expert opinion obtained: Sally severe primary disease, death may at any time; there is no fault in the conduct of the hospital, two liver transplant Zhang is in a serious systemic infection has not been implemented effectively control the situation, it is excessive medical treatment,http://zazna.com/selection/index.php?item/create_form/1, to deal with Zhang two liver transplants responsible for the failure; liver transplant Zhang death and their disease and hospitals are a causal relationship ; because they can not witness liver source, the degree of influence between donor liver transplant quality and results can not be determined.
Accordingly, the Wuhan City Intermediate People's Court issued a ruling on the basis of new evidence, the case is sent back to Port District Court retrial. Yesterday, Qiaokou court decision at the beginning of this article. |
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發表於 2015-7-2 05:19:15
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