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The court found no duty Oriental Hospital
Patient jumped to his death the families of first instance verdict the prosecution case
Mr. Sun Lao was admitted to the intensive care unit at the day jumped to his death,http://www.7caiwang.cn/news/html/?462892.html, which does not recognize the responsibility of the hospital and refused to compensate relatives of the deceased sued the hospital compensation for the loss of 46 million yuan. This morning, Fengtai's Court,Louboutin Pas cher, East Hospital no responsibility, dismissed the plaintiff's claim.
Mr. Sun Lao prosecution said his wife and daughter in 2011, February 28 at 7 pm, Mr. Sun Lao because the risk of serious lung infections, called after the families of the 999 emergency center rushed by ambulance to the hospital. After admission to official admitted to the hospital emergency department wait until March 2 pm just notice can apply for inpatient hospital procedures.
About at 17 o'clock on March 2, due to the deterioration, Mr. Sun Lao was sent to the intensive care unit,http://www.sportmedicine.ru,Louboutin Bottines,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, but the hospital medical staff bad attitude, the patient is relatively cold. Because the patient can not take care of themselves,http://bbs.v5yw.com/forum.php?mod=viewthread&tid=8881759,Louboutin Sandales, others need to arm, the medical staff is extremely impatient, and to stimulate the patient's speech,http://www.matsue-yado.com/otoku/clip.cgi,Louboutin Botte, Mr. Sun Lao result jumped from the 11th floor ward, was identified as traumatic shock and death. After the accident, the family repeatedly found the hospital for compensation,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=5680, but the hospital refused to accept liability.
Mr. Sun Lao wife and daughter asked the hospital to compensation for all costs totaling 46 million yuan.
● Hospital reply
Hospital patient's death was not caused by fault
In court, the defendant hospital argued that, based on medical services for the content of the contractual relationship between Mr. Sun Lao and the defendant hospital, the hospital's responsibility to provide a sound scientific medical services, and personal safety of Mr. Sun Lao is not liable regulatory obligations. Moreover, Mr. Sun Lao is the full civil capacity who can not and need not be personal supervision.
Mr. Sun Lao direct cause of death was suicide, it is a waiver of their right to life and health care clinics are not due to the fault of the defendant. The plaintiff that the defendant hospital staff language stimulation, it is not evidence.
Mr. Sun Lao within an hour after admission on account of medical language stimulation suicide, this level of language takes a lot of stimulation, and does not necessarily lead to suicide, so the plaintiff alleged non-fact, to dismiss its appeal.
● Court
"Cold violence" difficult admissible
Court after hearing that Mr. Sun Lao as a full civil capacity, the hospital of their obligation to assume guardianship,Louboutin à Bout Ouvert, custody refers to the medical sense, that is health-related patient's vital signs, such as breathing, heart rate,http://bbs.xingcheng123.com/forum.php?mod=viewthread&tid=823662, body temperature, blood pressure and other monitoring medical parameters, and does not refer to the implementation of their person, property and other monitoring and protection.
Whether it is the Ministry of Health, "Critical Care Medicine Construction and Management Guide (Trial)" requirement, or hospital of introduction,http://2043.znjz.chinaccnet.cn/news/html/?611773.html, meaning its custody, should be understood as monitoring vital signs, rather than personal supervision. In other words, the hospital Mr. Sun Lao active end acts of his life, and there is no statutory guardianship obligations.
In addition, the plaintiff claims the hospital medical staff "cold violence" caused Mr. Sun Lao committed suicide, in addition to its readme outside, and there is no other evidence to support its assertion of this, the court hard admissible.
In summary, whether it is from Mr. Sun Lao causes of suicide, or from the interpretation of guardianship duties, the defendant hospital for Mr. Sun Lao's death, should not be held responsible. Mr. Sun Lao death consequences occur, due to its active behavior.
Text / Reporter Hung snow
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發表於 2015-7-12 07:23:38
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