Make - the eyes bag dispels the skill - - disfeature- The woman indicts the hospital and claims 200 000

Make - the eyes bag dispels the skill - - disfeature- The woman indicts the hospital and claims 200,000
Citizens Miss Wus have gone to the hospital to make a piece of eyelid to correct the skill in order to improve looks, but find one circle of skin is removed, lead to the fact it is unclear that eyes damage, look at things in one's own eyes wheel after not wanting to take out stitches, she thinks the behavior of the hospital forms one's own appearance greatly and injures, then a copy of pleadings lodges a complaint, ask for medical fee from hospital, delay work 200,000 yuan altogehter such as the fee and compensation for spiritual damages. The court of Lo Wu adjudiacates the hospital returns Miss Wu operation fee of 2500 yuan, Miss Wu appeals against in the first instance, this case was in the second instance of the intermediate court of the city yesterday. Prosecute: Does the eyelid operation change and disfeature? Miss Wu tell, claim will it be April 19 2009, she go southern the intersection of clinic and the intersection of treatment and brown blue and green mole, by the way consult this institute to cure and lead about lax solution of the skin of eye, and say that thinks making Paula's leather improvement of cable. But medicine leads and calls the operation effectual, advise her to do the operation, and take out a propaganda to tell her only: " operation of Professor Chen so-and-so here is done very well, has never failed " . After seeing Professor Chen, he proposes doing two operations: Make a piece of double-fold eyelids again, make another correction skill of lower eyelid skin pine. For the careful consideration, Miss Wu puts forward and makes loose correction skill of a lower eyelid skin to see how the result is first. 5 days after the operation, Miss Wu goes to the hospital to take out stitches, but not in a few days, she will find one's own right eye there is two that means the wide dent down from cut-outing the place, the left eye is cut-outed into wave shape, eyes are totally out of shape, not only ugly, but also it is unclear to look at things. Later, Miss Wu learnt, one circle of skin was removed in the operation for no reason in one's own eyes wheel, there is no outline to cause eyes, not only influence the appearance also damaged the normal function of eyes. Miss Wu has gone to many hospitals to consult, the reply received does not have good remedy. Miss Wu thinks the behavior of the hospital has caused the enormous injury to oneself, then lodge a complaint against hospital to claim. At the time of first instance, the school replies and claims, there is no fault in the operation, one circle of skin is not excised in Miss Wu's eyes wheel, its eyes are normal, ask the court to reject it to demand. First instance: Sentencing the hospital to return the court of Lo Wu of fee of operation and find out when in the first instance, the plaintiff is with " Zhou Ying " Name go because defendant is to go to a doctor, check defendant by plaintiff " relax dual side lower eyelid skin " ,Diagnose as " The eyes bag " ,Went on to the plaintiff on April 19 of 2009 " The eyes bag dispels the skill " ,The plaintiff pays the fee of 2500 yuan of operation, postoperative doctor's order is " examined at the same time " . While the case tries, the court of Lo Wu entrusts the medical association of Shenzhen to appraise on forming the malpractice in the defendant's behavior, on December 14 of 2009, the medical association of Shenzhen will make the testimonial, the conclusion, for not forming the malpractice. After expert's conclusion provide, court trust Guangdong Province the intersection of medical association and behavior in defendant to commit the malpractice, go on, determine again in accordance with functions and powers, but the plaintiff expresses clearly that disagrees with entrusting the medical association of Guangdong Province to appraise again. Later, the court trusted the south of Guangdong day again judicial expertise had fault to appraise to the defendant's medical behavior, but because the plaintiff disagrees with accepting and appraises, should provide the retreating case letter to the court on June 5, 2010. In the case is tried, the defendant shows clearly, it have no fault, in line with solving the angle of the problem, agree to return the plaintiff operation fee, and undertake to appraise the fee by oneself. This institute thinks, this case is a dispute case of medical compensation for damage, the prerequisite that the medical unit bears the liability for tort is that the fault exists in the medical behavior. In this case, the medical association of Shenzhen has asserted this case is not a malpractice, the court trusts the medical association of Guangdong Province while appraising with the judicial expertise on day of the south of Guangdong again in accordance with the functions and powers, plaintiff refuse, cooperate, result in, determine unable to go on again, as to this, the plaintiff should bear the unfavorable consequence. So, the plaintiff requires the defendant to compensate for the losses, lack of evidence, the court refuses to support. The defendant agrees to return the fee of 2500 yuan of operation, does not violate the legal provision, the court confirms. Second instance: Both sides stuck to one's own version in the second instance, the appellant Miss Wu appeared in court in person yesterday. She shows in the appeal, the case that the medical association of Shenzhen is used to appraise is " Zhou Ying " ,but it is getting one's more own, go she never make to appraise organization. The reason why the assumed name at that time went to the hospital to do the operation, it was mainly in consideration of personal secrets. When the judge inquires why Miss Wu refuses to appraise again, she says, one's own eyes needn't appraise at all on a visible one in the court by the situation damaged!, this is a matter of common sense not needed to put to the proof, the opposite hospital should prove with evidence that there is no fault in the operation. She shows one's own photo before operation in court even, proves the enormous contrast of one's own appearance before and after operation. The agent of the hospital calls the school having fault in the court in the operation firmly, think whom Miss Wu offer whether art take the picture, can't use for contrast of appearance around surgery at the same time. Have big difference in the court's trial of both sides, the case is still in further trying at present. (Wu Tao)

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