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lying on the bed 171 hospitals, currently in a vegetative state. Dong water gold courtesy
Core Tip
 
This year 31-year-old  lying in bed for three years.
 
Three years ago, he was a doctor and mistreatment into a vegetative state. From Dong trouble. His wife divorced him, leaving their young daughter.
 
This is more than 1,000 day and night, Dong parents experienced not only take care of the son of the granddaughter of the hardships, there are complaints of difficult, Medical Malpractice is strange, the lawsuit claims the long ......
 
Meanwhile, Dong father to the police complaint: Doctors deal with the parties responsible. But in the past a living case tells him: Causes doctor malpractice is difficult to be held criminally responsible, even if they are held accountable, are often sentenced to probation.
 
"Dad, get better ......" two and a half DONG YANG calling. Her father Donglin Bo into a vegetative state three years ago, now lying on the People's Liberation Army 171 hospital bed, eyes closed, motionless.
 
July 2008, Donglin Bo suffered a by the Chinese Medical Association identified as "a B other" malpractice. After the Donglin Bo into a vegetative state, his wife divorced him, leaving him a vegetative state after more than two years before the birth of her daughter. His 56-year-old father, Kim Dong water early retirement, along with his wife nursing shifts son, take care of his granddaughter.
 
More frustrating is a lengthy lawsuit: Three Medical Association has made a distinct Medical Malpractice book, playing nearly two years after the lawsuit, Dong finally awarded more than 60 million.
 
Dong water gold can not accept this fact, he believes the parties should be held the responsibility of doctors,louboutin outlet milano, so from March this year, he began to Hukou County, Jiangxi Province Public Security Bureau and other departments to make a complaint, called for the prosecution of these doctors criminally responsible.
 
From "severe hypokalemia disease" to a "vegetable"
 
July 18, 2008 in the evening,  said his father was not feeling well. 20:30 or so, accompanied by his son Kim Dong water came closer to home Hukou County Chinese Medicine Hospital for treatment.
 
Later verdict shows that Hukou County Chinese Medicine Hospital given diagnoses that Donglin Bo cyclical paralysis and severe hypokalemia symptoms, take Hukou County Chinese Medicine Hospital Review electrolyte, intravenous potassium and other therapeutic measures.
 
At 0:30 on July 19, Donglin Bo disease progression, chest tightness, "air force" and other symptoms, Hukou County Chinese Medicine Hospital to take oxygen, cardiac therapies and other treatments. Dong Kim said the water around 3:00, Donglin Bo goes to sleep.
 
19 morning, Dong water gold leave the hospital to go to work. When he left to see his son sleeping like a general, breathing very evenly. He remembered the doctor Liu Zheng said at the time, "to ensure that your son all right, something I am responsible," assured him.
 
However, around 8:30, he received his wife's phone company, said his son is dying, he hurried to the hospital.
 
To the hospital,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, he learned that about 8:30,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, Donglin Bo respiratory and cardiac arrest situation, Hukou County Chinese Medicine Hospital emergency rescue CPR immediately, and then, Donglin Bo restore the heartbeat and breathing.
 
The same day, the First People's Hospital of Jiujiang City, doctors conducted a consultation on the Donglin Bo, I feel a serious condition, the proposed referral. 13:35 the same day, First People's Hospital of Jiujiang City, then turn  send an ambulance, before referral, Donglin Bo has been confusion, shouting how he did not respond. In this regard, the First People's Hospital of Jiujiang City, then turn on the way, for Donglin Bo nasal oxygen catheter.
 
About 14:20,  was sent to the First People's Hospital of Jiujiang City, ICU ward, then, Donglin Bo appear symptoms of cardiopulmonary arrest again, doctors take chest compressions, intubation, mechanical ventilation and other emergency rescue measures immediately. Although Donglin Bo in six minutes after the resumption of the normal heartbeat, but it has been unconscious.
 
October 14, 2008,  discharged from the First People's Hospital of Jiujiang City.
 
February 18, 2009, Donglin Bo was sent to People's Liberation Army 171 Hospital for treatment, so far, has been in a "vegetative" state.
 
"Donglin Bo mouth can not eat, can only use tube feeding." Kim Dong Water said,http://moodle.ndna.org.uk/login/index.php?item/create_form/1, "We have to put cooked food with a broken virgin pulp, and then hit the pipe syringe. Day to feed six or seven times."
 
the urine can not take care of themselves, but, like all the "vegetative state" as two hours once the artificial turn back, to prevent bedsores need two elderly long intervals.
 
Let's talk about the status of his son, Kim Dong water while sad:. ". He is not without feeling, joked with him, his mouth would sheets look like laughing complained that he was, he would cry."
 
Three Malpractice fight each other
 
As a non-professional, Dong water gold outset not understand why would this be. He knows that a frisky people to hospitals, overnight became delirious, hospitals must be to blame. Thus, May 12, 2009, as  his legal representative, filed a lawsuit to Jiujiang Xunyang District People's Court, called for the prosecution of medical malpractice liability Hukou County Chinese Medicine Hospital and the First People's Hospital of Jiujiang City.
 
In accordance with the relevant provisions of the "Medical Malpractice" and "the need for Medical Malpractice and Medical Association organized jointly identified by both parties entrusted with the work of Medical Malpractice."
 
Xunyang District People's Court by the commission, is the treatment process of Jiujiang City Medical will  were identified. June 23, 2009, Jiujiang Medical Association to "Medical Malpractice book" identification results: "Despite Hukou County Chinese Medicine Hospital defects during the processing of the patients, but the final outcome in patients (mean disease transfer and development), is a serious condition caused no causal relationship with hospital treatment, does not constitute medical malpractice. " At the same time that the First People's Hospital of Jiujiang City, "do not violate medical practices, and appropriate measures ...... does not constitute medical malpractice."
 
Dong water gold satisfied with the results of the identification, appraisal made to re-apply. Xunyang commissioned by the People's Court of Jiangxi Medical Malpractice renewed in November 3, 2009, experts believe Hukou County Hospital of negligence, including the serious consequences of the disease and lack of knowledge, not promptly notify the dying not timely ECG, respiratory care, use of cardiac, up base on the basis of inadequate treatment and so on. First People's Hospital of Jiujiang City, there are also transport process is not enough emphasis on respiratory support measures and other issues.
 
Thus, Jiangxi Medical Association finds that the case is a Class B medical malpractice, medical side bear subsidiary liability (including Hukou County Chinese Medicine Hospital bear 80% of secondary liability, the First People's Hospital of Jiujiang City, bear secondary 20% liability).
 
Since the conclusion of Jiujiang Medical Association conclusion very different, both the plaintiff and the defendant pleaded, we have requested the Chinese Medical Association requalification. Thus,nike free run 2, Xunyang District People's Court in Jiangxi Province Higher People's Court entrusted by the Chinese Medical Association identified.
 
March 23, 2010, the Chinese Medical Association to identify the book, it is said that this accident is a Class B medical malpractice. Jiangxi Medical Association and expert conclusions different from, the Chinese Medical Association that the two hospitals should bear the main responsibility for the accident.
 
Accordingly, Xunyang City People's Court on August 23, 2010 issued a verdict, judgment Donglin Bo access to medical expenses, lost income, escort fees, the total cost of a total of 642,432.01 yuan, which bear 80% Hukou County Chinese Medicine Hospital That 513,945.61 yuan, Jiujiang First People's Hospital bear 128,486.40 yuan. Since this event is medical malpractice, appraisal fee by the two defendants burden.
 
The lawsuit lasted for 15 months and not with the verdict issued and ends. Dong water gold defendant First People's Hospital of Jiujiang City have appealed to the Jiujiang City Intermediate People's Court.
 
. "In fact, in this incident, we are more injustice" Jiujiang First People's Hospital Medical Yuan Xiangyang responsible for the China Youth Daily reporter, said: "At that time the patient's family troubles me so much in Hukou County Chinese Medicine Hospital, Hukou county government from the perspective of maintaining stability, to find leaders we hope to pick up at the hospital patients, when hospitals do not have car ventilator, according to the convention, we will not take the initiative to pick up the patient, the patient is usually sent to come. In fact, we He is doing a good thing, but not a good result. "
 
First People's Hospital of Jiujiang City, also said: "Chinese Medical Association do not understand the basic hospital medical facilities configuration is low, poor medical conditions, conclusions from the local reality," so please bear only 60% of the doctor side of responsibility.
 
But Dong water gold that  entirely by malpractice damages caused by the medical side, the medical side should bear 90 percent responsibility. At the same time, he was nursing, is the amount of compensation dependents living expenses, disability utensils fees also have objections.
 
November 30, 2010, Jiujiang City Intermediate People's Court "rejected the appeal and upheld the original verdict," the final decision. Currently two hospitals paid the money already in place.
 
The family requested the parties to pursue criminal doctors
 
Like many medical disputes, as in this case, there is no tampering with records, he became the late Kim Dong water accountable important direction.
 
"My son did not have hyperthyroidism, hospital medical records fraud, fictitious hyperthyroidism my son." Said Kim Dong water.
 
Temporary orders from Dong water gold provided a copy can be seen,boots louboutin, from 2008 July 19 to October 14, the hospital  done eight times hyperthyroidism check. On discharge records showed three failed. In the February 21, 2009, the PLA 171 hospital inspection reports, the have shown that the three qualified, and, after four qualifying examination are also displayed. Because basically impossible within three months cure hyperthyroidism, Kim Dong water suspected presence of medical fraud First People's Hospital of Jiujiang City.
 
However, identification conclusion of Chinese Medical Association believes hospital hyperthyroidism diagnosis was established,  of appraisal report that "Currently consequences" nothing to do with hyperthyroidism. Jiujiang First People's Hospital Medical Leader Yuan Xiangyang in an interview said: "The diagnosis of hyperthyroidism is certainly there, and the Chinese Medical Association testimonial conclusion consequences of the damage has hyperthyroidism and patient does not matter, we do not. Such a necessary fiction disease, which makes no sense. "
 
For patients currently no cases of hyperthyroidism, Yuan Xiangyang said: "Some of the things in medicine can not explain, we do not know exactly, but I can responsibly say that there was indeed a patient with hyperthyroidism. We are a top three hospital, medical. examination is very standardized. "
 
In addition to suspected tampering with records, Dong Goldwater also made complaints to the local public security organs, called for the prosecution Hukou County Chinese Medicine Hospital, the First People's Hospital of Jiujiang liability related to the medical staff, "Our family's misfortune is caused by both hospital medical staff, they must be held criminally responsible. "
 
Dong water gold that  of hypoxic-ischemic encephalopathy and doctors malfeasance directly related to the Department of severe hypokalemia disease hospitalized at Donglin Bo, the Chinese Medical Association expert conclusions that the diagnosis and treatment of hypokalemia not complicated, "If the medical side to take the right effective treatment measures, most patients are avoidable respiratory and cardiac arrest happens. "
 
June 22, 2011, Hukou County Public Security Bureau formally opened,chaussures louboutin pas cher, suspected of the crime of medical malpractice medical admissions Liu Zheng expand the investigation.
 
Dong water gold, told reporters in May this year, doctors Liu Zheng's brother, nephew and Dong water gold classmate Ai-yuan came to the hospital, "asking price of 10 million, I do not want to sue Liu Zheng." July 21, Liu Zheng Ai-yuan commission again call Dong water gold, "the basis of the original and added a two million require compounding."
 
In this regard, the reporter called to Liu Zheng confirmation, but his phone has been in a "reminder calls" state. The reporter called Ai-yuan, Liu confirmed that Dong water gold saying, Ai-yuan said: "I remember that in May the two sides meet, Liu Zheng's husband agreed to spend 80,louboutin milano,000 yuan compounding."
 
Recently, the China Youth Daily reporter called Hukou County Public Security Bureau in charge of the case captain of the king, he said, the case is currently in the investigation, there is not much progress, has not yet handed over Procuratorate.
 
Dong Jin told China Youth Daily Water reporters, in order to cure his son, the house is their home sold. In early 2011, the daughter and son also divorced, he considered the daughter was still young,http://211.86.128.2/gjjl/Review.asp?NewsID=595, in order not to affect the lives of future daughter, agreed to lift the daughter's marriage with his son. him as the guardian of the divorce agreement was pressed fingerprints. Under the deal, more than two years to Dong YANG grandparents raising.
 
Water Kim Dong said his son's condition is now stable. "As to whether the recovery, doctors said only expect a miracle."
 
Although in the past three years, but still insist on Dong water gold Responsibility and rights, "the hospital of medical malpractice, it is impossible to lose money even if it!"
 
The doctor why it is difficult,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, "Medical Malpractice crime" be accountable
 
I search found many similar incidents of medical malpractice Donglin Bo, even if identified as medical malpractice,http://www.aurosiksha.org/login/index.php?item/create_form/1, medical side should bear the primary or secondary responsibility, be held criminally liable, but the medical staff are often in the minority, even if they are sentenced, they are often probation, difficult to influence them to continue practicing.
 
"Criminal Law" Article 335 stipulates that the medical staff because of severe irresponsibility causing death or serious harm to the person seeking medical treatment human health, imprisonment or criminal detention.
 
However, the Chinese Health Law Association, Beijing States Law Firm lawyer Wu Jun, a doctor in the medical malpractice cases criminal responsibility nationwide small, doctors were sentenced to fewer malpractice crime.
 
Why medical malpractice, doctors are pursued criminally liable difficult? Wu Jun said the lawyer, in addition to suffering from side after the acceptance of civil reparation generally not be held criminally responsible outside the main reason lies in the malpractice crime finds quite difficult.
 
He said that depends on the Crime of Malpractice subjective element requires that the perpetrator of the crime of gross negligence rather than ordinary negligence subjective existence. Clinical activity itself lead to a special risk of personal injury or death, the medical staff a little careless unfortunate consequences That would happen if the general is determined to criminal negligence, the medical staff will undoubtedly feel insecure.
 
In addition, the subjective fault is difficult to be identified. Professional medical disputes lawyer Li Yan Cen said: "medical practice is a technical issue associated with the human deficiencies inherent in medical practice, medical procedures are not detailed provision is not clear, the operation is not necessarily specific reference standards and the human body is. complex organism, there are individual differences in each person's body, a lot of things are very difficult to clearly defined. "
 
Wu Jun lawyers believe that medical malpractice crime objective aspect of the performance is seriously irresponsible, causing death or serious harm to the person seeking medical treatment human health behaviors. "The so-called serious is the concept? Disability few levels considered serious? Sin of medical malpractice, there are two issues that need to ask, first as a result of accidents caused by the second degree of responsibility. On the surface, death than injury Results residues should be heavy, but have to consider the degree of responsibility of the medical side of the job, such as death Prescription only played a minor role, and disability Prescription should bear the main responsibility, then the behavior of the fault, the disabled should is greater than death. "
 
Including Wu Jun, including a number of lawyers that, due to the lack of appropriate medical malpractice crime judicial interpretation, not operating in a particular legal practice.
 
Lee Cen rock lawyer opinion, even if identified causing medical malpractice, medical malpractice judgment but sin is still very difficult, "medical malpractice divided into four, but the level is caused by medical malpractice may be convicted, or one thousand two hundred thirty-four all can be convicted? There is no specific provision,http://www.alp-sus.com/thread-240169-1-1.html, not operate legally. "
 
Malpractice vulnerable to interference
 
Donglin Bo event, conclusions Jiujiang Medical Association made quite different conclusions Jiangxi Medical Association and the Chinese Medical Association made Xunyang District People's Court, wrote in the first instance verdict, Jiujiang Medical Association in certain aspects of the "expert conclusion is not objective and fair, it should not be admissible as evidence. "
 
In this regard, the author of Jiujiang Medical Association calls to verify, the staff answered the phone after referrals leaders said, conclusions Jiujiang Medical Association are made strictly according to the program. He also said that to disclose this information to identify the experts.
 
According to relevant regulations, the courts often entrust Medical Malpractice. "Medical Malpractice" Article XXI also states: "The municipal districts local Medical Association and provincial, autonomous regions and municipalities directly under the jurisdiction of counties (cities) will be responsible for organizing the first local Medical Malpractice working Province. autonomous regions and municipalities will be responsible for organizing local medical appraisal work again. If necessary, the Chinese Medical Association to organize difficult, complex and have a significant impact on the country's technical appraisal of medical malpractice disputes. "
 
However, in the identification process, the local medical association often because disruption is too large, it is difficult to make an objective and fair conclusion. & Nbsp;
 
Many fought medical lawsuit lawyer told the author, in medical malpractice, the relevant procedures are complicated, collection and identification of materials, time and other experts drawn and coordination procedure is very time-consuming. Thus for the first time often be identified by the local Medical Association, susceptible to a variety of factors, so the medical side or the risk of side often refuses to accept the conclusions of the first identified, the Metropolitan apply for re-do to identify, according to their experience, medical disputes generally will go through at least two level identification.
 
Cen Li Yan said the lawyer,http://l-yc.com/bbs/forum.php?mod=viewthread&tid=443275, even if the expert for a fair and objective, because professional barriers, medical identification, the risk of side difficult to give favorable evidence and data, it is difficult to make a professional-looking statements, identified only according to medical experts The medical statement and determination, which also makes the responsibility of the medical staff to a certain extent is difficult to be held accountable.
 
Wu Jun lawyer also said that in the identification of patients tend to think that the existence of cases of hospital modify, fraud and other possibilities. Medical records needed to determine the authenticity of handwriting and written material aspects identified need to appoint forensic center for handwriting, writing and other identification of continuity. Even so, the hospital is also difficult to determine the presence of medical fraud. Because "can not rule out the possibility of diagnostic error." This leads to the doctor if there is fraud on the subjective intent, the objective is also difficult to identify, so it is difficult to be held accountable medical personnel.
 
Beijing Ruifeng Law Firm LiFangPing lawyer said: "The identification procedure complex, medical malpractice is difficult to identify, even if there is a significant fault, medicine would not necessarily be regarded as malpractice identified as medical malpractice has great influence on the doctor. Basic Medical experts are doctors, inevitably there are sympathetic in this regard is very cautious. "
 
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