Saturday, September 8, 2012

Produce and examine baby's death that the wife becomes vegetables of the normal postpartum The hospital claims that there is not responsibility at all

Produce and examine baby's death that the wife becomes vegetables of the normal postpartum The hospital claims that there is not responsibility at all
Check before labor, Si big the intersection of resident and leaf stand, tell wife and foetus normal in everything while being flat. Close on expected date of childbirth soon, prudent leaf set up, send the wife to the town hospital, wait to produce immediately while being flat always, but after producing the operation, that was met is that the wife has become the cruel result of vegetable, baby death, what let him accept even more is, the town hospital claims that there is not responsibility at all. Leaf set up engage in blow lawsuit of safeguarding the rights resolutely while being flat. With the help of Si big county Law Aid Center, the medical dispute case of 9 months that this gets up to last, the hospital of Israel sets up 850,000 yuan of flat compensation to the leaf to end. Yesterday, " true feelings and justice " jointly sponsored by judicial drawing room and province Law Aid Foundation of the province The public lecture of law aid is held in Nanjing, the reporter has learnt this unusual case at the meeting. Check before production: The intersection of pregnant woman and the intersection of foetus and everything is deliver a child normally: The wife becomes vegetables the baby death leaf sets up a flat one in a big remote village of Si, spend watching over wife Zhao Xiao and the artless and vivacious daughter 7 years old is young and beautiful, one passes very happily. 2006, near 40 -year-old Xiao Zhao spend once again pregnant, for guarantee safe mother and baby, leaf set up calm down issue take wife to the intersection of town and hospital go on before production checking, and is told by the doctor " Pregnant woman and foetus' everything are normal " . Will it be the beginning 2007, watch, close on expected date of childbirth, leaf set up send the wife to the town hospital, wait to produce while being flat. On January 11, Zhao Xiao spends the operating room pushed into, it is flat that the leaf sets up and waits outside anxiously An hour passed by, there is no sound; Another hour passed by, also there is not a little sound, it is so flat and urgent as to stamp one's foot continuously that the leaf stands At last, through 5 hours -long suffering, the door of the operating room has been opened, it was flat and too impatient to dash over that the leaf set up, but the scene at the moment makes him indebted to: The wife loses blood and falls into a coma too much! A kind of ominous thought flashes in the leaf sets up the flat brain rapidly, he inquires doctor the child's state eagerly, but get an icy answer " The child has died soon after being born in " ,The leaf stands and puts down and has been scared stiff immediately. "This is not true! " He is once, however, the doctor's words sound in one's ear ceaselessly: " it is a normal phenomenon that the woman gives birth to the child and bleeds, just send the blood transfusion of hospital to the county now " . Time allow leaf set up, vent grief and indignation on while being flat, he look at this piece come in the world, there is still time to look at the flesh and blood that father right away left away yet just hurriedly, escort the wife remaining unconscious and rush for the county people's hospital to rescue at once. The doctor of county people's hospital tells him, Zhao Xiao spends because the uterus breaks massive haemorrhage, cause losing blood shock, because of ischemic, oxygen deficiency encephalopathy, have already become vegetables at the same time. Where do 300,000 external debts of family have money to go to court? Appoint the outstanding lawyer's wife to check the position of a foetus antenatally several times normally for parties in law aid, foetus' heart rate is normal, antenatal, wife's body is nothing unusual, why but such an accident takes place after the hospital deliver a child? Can't accept for the moment it is flat for the leaf of the cruel fact to stand, determined to get one is clear, he looks for the town hospital and demands the statement many times, but the town hospital claims, they do not have any responsibility, criticize leaf stand, make trouble wilfully while being flat even. The hospital moves out of the medical terminology letting this farmer unable to understand at all in clusters, he has nothing to say in reply. "Mum! Mum! What happened to you, why do you pay no attention to me? I call you, have you heard? " Daughter young beautiful Zhao XiaoHua who calls, rocks lethargy again and again, but mother has not reacted at all. Listen to the intersection of daughter and anxious sob, leaf stand, resolve in desperation while being flat: Piecing together upper life should ask for a justice too. Can be in order to handle wife's disease, he sells off all valuable belongings early, is nowadays still owing more than 300,000 outside, and how to afford to make this lawsuit? Leaf stand, expect, go at the town not long ago, see " law aid 3 go to the countryside " suddenly while being flat There is a poster on the campaign vehicle: "Have no money to look for the law to aid reasonably! " Will it be March 12 2007, leaf set up carry a sense of hope while being flat, come into the intersection of Si and big the intersection of county and gate of Law Aid Center. Director of county Law Aid Center Zhang ZhaoHui has received him warmly. After finishing listening to his complaining tearfully, Zhang ZhaoHui determines right away, not only should take over this case, still try one's best, help this the case is done well, asking for justice will never give up. ZhaoHui Zhang appoint Jiangsu immediately bright the intersection of sunshine and the intersection of lawyer's office and high person set up, require assistance to undertake lawyer the case while being flat as leaf while being brave forever. The high person is brave before calling to the bar, had already taken up a job as a doctor for more than 10 years, bore and spread the ancestral property and mastered the medical skill, became a lawyer later, did a lot of difficult cases, the legal business was skilled. Zhang ZhaoHui is to consider these, just some high persons will be brave: "This case is of great impact, what the dispute is marked is great, the legal relation is complicated, you want much input, demand a justice for aid-receiving people. " The lawyer has gnawed the voluminous work " obstetrics and gynecology " Lasts 9 months, the town hospital is sentenced to compensate 850,000 The high person knows very well the medical dispute lawsuit bravely " Hit " Not merely legal knowledge is,the more important thing is whether it is medical knowledge. Then, he has moved out of books such as " obstetrics and gynecology ", " surgery ", " pharmacology " of the voluminous work,etc., combine the details of the case and study carefully, visit also many times to ask the reputable expert, understand the administration of obstetrical department, operation operation sequence of delivering a child in depth. The high person transfers the case history that Zhao Xiao spent bravely subsequently, find after analyzing conscientiously: The school uses " It is plain to contract in the palace " Opportunity should not, the misoperation of operation, the obvious medical fault exists, this fault and result caused have cause and effect that get in touch, the hospital has responsibility. Then he drafts" the malpractice appraises the application " for the party, points out the fault of the hospital. The appraisal organization approves of the high person's brave view, the expert's conclusion is " first class second grade malpractice " ,The hospital bears ultimate liability. Two months later, the leaf sets up flat a copy of pleadings and presses down the hospital to send to the defendant's seat, the high person regards as the attorney bravely, propose the town hospital compensates for the medical fee that Zhao Xiao spent, attends to the request of various expenses such as fee, neonate's personal compensation for damage,etc.. The school refutes in court, think Zhao Xiao the nursing fee after leaving hospital of flower should be compensated, the reason is that there is not this that is compensated in " medical crash handling regulations ". The high person is brave with the Supreme Judicial Court 2003 " explanation on hearing several questions of case applicable law of personal compensation for damage " was refuted: Attending to time limit should calculate to the victim to stop while resuming self-care ability of life, the victim can't resume self-care ability of life because of the deformity, can confirm rational nursing time limit according to factors such as age, health status,etc., but does not exceed 20 years longest. Zhao Xiao, victim of this case, spend 1967 borning, compare still to 35 years with social the intersection of average life span and 75 year old, maintain the nursing fee in 20 is proper. Meanwhile, the high person showed bravely Zhao Xiao spent disease passport one in severe pain, nobody replies again on the defendant's seat. In neonate's personal compensation for damage Demand, the hospital explains, neonate's death of already suffocating in the parent before being born in, is not there independent civil main fact? Scar �� heavy curtain moraine Xin Qia rate dyke Jia of Chuan's arrow All does writing brush wave �� Xie �� and put to the trouble of Chou Xie �� Lu and really prolong disrespectfully in �� Ge one? "The neonate will not suffocating before being born in, the neonate called the foetus before being born in, the foetus has heartbeats only in the mother's body, have not breathed. It suffocates to be to breathe whom obstacle cause, foetus breathe, have, breathe the intersection of obstacle and these kind of symptom, ' establish by statement in death of suffocating under parent '. " The high person refutes bravely, and enumerated the evidence of the case history and proved when neonates were born in yes life physical sign of breathing and heartbeat. Argued fiercely, this medical dispute case of lasting 9 months lowers the curtain finally. The town hospital agrees to compensate plaintiff Zhao Xiao and spend the medical fee, attend to the funeral expenses, spirit of fee, neonatal death and damage and conciliate expenses such as gold, death damages,etc. to total 850,000 yuan. (Shen is intelligent to the hero) Law aid helped 185,000 people to go to court in 5 Yesterday ( The 20th) The afternoon, " true feelings and justice " jointly sponsored by judicial drawing room and province Law Aid Foundation of the province The public lecture of law aid is held in Nanjing. Zhang Lianzhen, chairman of CPPCC of province, member of the standing committee of Provincial Party committee, secretary of Provincial Party committee Commission of Politics and Law Lin XiangGuo, member of the standing committee of Provincial Party committee, Li YunFeng, general secretary of Provincial Party committee, Deputy Director of province National People's Congress Li Quanlin, Vice Governor Li XiaoMin, Vice President of province CPPCC nine Chinese, former secretary of provincial Party committee, province Law Aid Foundation honorary president Chen Huanyou, the former province People's University director stores the river, former Deputy Director of province National People's Congress, Wang XiaLin of president of province Law Aid Foundation,etc. attend, and with the province and some government functionaries, politics and law policemen, persons in charge of corporation and entrepreneurs, workers, peasants, rural workers, community residents and university law schools () of Nanjing Totally more than 2000 people such as teachers and students,etc. have listened to this very touching public lecture together. Significance of details of the case, the society that takes place in our province pay close attention to one degree of 5 high typical cases of law aid that the public lecture has been selected in recent years, it represents difficult masses to be tired out getting law aid, asking for a reasonable one to be gratified hardships infringe, reflect law aid institution and law aid worker, lawyer " The iron shoulder undertakes the morality and justice " Sense of justice and sense of responsibility. As realizing the social justice justice important channel, Jiangsu takes the lead in facing the difficult colony and launching the law aid action in the whole country, the citizens of every financial difficulties and defendant in the criminal case of public charge, can be free in accordance with the law to win formal services such as legal advice, acting for from the law aid institution, pleading criminally,etc.. Grow the introduction according to the intersection of province and judicial base of a fruit Miao, chief of drawing room, over the recent 5 years, the law aid institution of the whole province places on file and handles 176,000 cases inquiring legal aid, help 185,000 people, has also offered legal advice of a plurality of fields service to 1,540,000 people, have earned right and dignity for a large amount of low-income ones and other difficult personnel. (to the hero) From adding six kinds of items and applying for the law to aid for this year again from this year, the provincial government determines to further expand the item range of law aid. In the future, the citizens of financial difficulties need the agent's item to six kinds, can apply to law aid institution for law aid. These six kinds of items are: 1, Because use fake and poor pesticide, chemical fertilizer, seed and other agricultural assets products to cause the serious economic losses to ask to compensate; 2,Because environmental pollution was asked to compensate by the serious economic losses; 3,Make the rights and interests ask to compensate for or compensate the serious injury and in the civil action because of taking over the land for use, pulling down; 4,Because inhabit right and is encroached on and asks to compensate seriously in the house; 5,Because the right of inheritance is encroached on and asks to confirm or compensate; 6,Dispute of the agreement for legacy in return for support. Among them, the 4th, 5, 6 items are only suitable for the countryside " The five guarantees " Target, personnel supported in the social welfare organization by the government, severe disabled person, personnel, market, county (market) that get setting up area who are enjoying the treatment of lowest living guarantee that do not have fixed source of income Worker, personnel and other personnel of the provisions of the law or regulation living on pension of specially tired card which the federation of trade unions releases. Before this, our province has been already clear, 10 kinds of following items, the citizen can apply for law aid: 1, Ask for State Compensation in accordance with the law; 2,Ask to offer the social insurance treatment or lowest living guarantee treatment; 3,Ask to issue pension, relief fund; 4,Ask to pay and alimony, cost of maintenance, bring up fee; 5,Ask to pay the labour remuneration or because relation of working and ask for the economic compensation, compensate; 6,Because the health was asked to compensate by the serious injury; 7,Because of being demanded to alter or remove and adopt, guard the relation by family's violence, maltreating or abandonment; 8,Injured because of what is cohabitted by family's violence, maltreating or abandoning, the other side's bigamy or spouse and others and then require that divorced; 9,Ask for legal advice, act for, plead because of being put criminally on file for investigation and prosecution, prosecuted; 10,Other items which country and province stipulate. For instance: Rural land contractual management right of asking for protection. (to the hero)

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