The artificial head of femur ruptures and causes and is paralysed in the body Manufacturer and hospital take on the responsibility

The artificial head of femur ruptures and causes and is paralysed in the body Manufacturer and hospital take on the responsibility
A ninety-year-old old man in Jinan is hospitalized for treatment because of fracture, obeys the doctor's order and installs the artificial head of femur, head of femur rupture in body after the six year unexpectedly, treat, take out, lead to the fact, paralyse all the life still. Old man relatives will perform the operation hospital and manufacturer will inform together that goes to the court. Recently, the pronouncement of the first instance of court of district under going through of this case, the manufacturer of head of femur is sentenced to add up to more than 180,000 yuan compensating old man for losses, the operation hospital is responsible for related compensation. Plaintiff: Used for six years, the false body ruptured Aside: In June of 2010, a copy of pleadings will send to and go through the court of lower district, ninety-year-old old man Wang Hua (assumed name) Children indict on some of Shandongs hospital and Beijing each body manufacturers false, claim because the artificial head of femur that installs ruptures in surprise, cause the enormous injury to old man. Judge: Why install the artificial head of femur? Plaintiff: The intersection of old 2003 such as mother and the intersection of right side and the intersection of head of femur and fracture, reach Shandong one hospital, treat, the school recommends it to use products of a false body manufacturer in Beijing, and carry on the operation. Judge: Postoperative when discover the problems? Plaintiff: Old man's right leg postoperative numbness and pain, but the doctor says that needs to suit, we have not taken notice of either. Judge: When does the question worsen? Plaintiff: After six years, the old man is diagnosed as the artificial head of femur ruptures in the body by the school. In May of 2010, accepted that takes out the operation. Postoperative, the old man has not merely born body and spiritual agony, and should face the cruel reality that be unable to stand. It is in agreement that we relatives fail to reach with hospital and manufacturer, decide to choose the lawsuit. Two defendants: The genus accident of fracture of false body, should not take on the responsibility Aside: Should tell in the course, hospital and false body manufacturer involved in the case propose, it is an unexpected situation that the false body ruptures in the body of old man of Wang Hua, two defendants should not bear responsibility. Judge: Does the hospital think that should bear responsibility? Defendant hospital: Artificial head of femur of plaintiff replace skill, rupture to false body, the time span is more than six years, it is normal to use the state during that time, verify the defendant's operation result is good, it has no causality with the defendant's operation that the false body ruptures. And the manpower which the defendant uses false body has legal sources, do not get rid of the reason of plaintiff. Judge: Which kind of opinions does the manufacturer have? Defendant manufacturer: There are three kinds of products production licences of medical equipment, deal in a plurality of products registration certificates such as enterprise's licence, hip joint, knee joint in our company, and pass and authorize, as the legal artificial joint manufacturing enterprise. The sound outside: The manufacturer thinks, the false body ruptures in old man's body, there are many kinds of situations at the same time, if bear responsibility, must prove the fracture reason of artificial head of femur. Otherwise, it does not bear compensation responsibility. Difficult problem: There is no sound outside relevant appraisal organization at home: After the court of district under the circumstances that the case is gone through accepts, the false body manufacturer puts forward the quality appraisal application of the products, the case suspends the lawsuit. While product quality appraises, because does not appraise and examine the material within the range of qualification project of the appraisal organization, determine, should examine organization of material at home at present, defendant false the intersection of body and qualification of manufacturer apply to be returned. The case resumes the lawsuit. First instance is inferred: The artificial head of femur stores the defective case to analyze: Go through the court of lower district and try thinking, original, defendant each side approves the general service life of false body of manpower is in above ten years, the manpower that and the defendant hospital plants the plaintiff into false body ruptures in using the metasoma for six years, the defendant must prove the plaintiff has fault improperlied use in the course of using, and the relevant evidence without quality defect of false body of manpower of the involving in case, can avoid the responsibility. Plaintiff at the venerable age of 97 already in old man in Hua Wang, flexibility, weighted ability different fields its must very loud to limit, so rupture in the products abnormal body involved in the case, but the defendant can't prove the plaintiff has under situation which improperlies use the fault, should be undertaken the burden of proof by the defendant. As producers, though defendant false body manufacturer has offered the production licence of the products, dealt in enterprise's licence etc. to want to prove their products quality are qualified, but this evidence is authentication of enterprise's product quality system, can not prove the quality of the products involved in the case accords with the standard. The court thinks the court can't prove the plaintiff has fault improperlied use and evidence without quality flaw of products involved in the case with defendant's existing evidence, so infer the artificial head of femur that this defendant produced has quality defects. Go through lower the intersection of district and court, adjudiacate in the first instance Beijing false the intersection of body and manufacturer compensate for Wang Hua old man including medical fee, attend to fee, the intersection of deformity and damages, spiritual damages,etc., add up to more than 180,000 yuan. The plaintiff has the right to require the hospital to pay first and compensate the fund in advance too, the hospital can chase the responsibility to the false body manufacturer. (reporter Chen TongTong)

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