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  • Started 10 years ago by vcbf7kSD4F

  1. <br>(Reporter correspondent Ding Li Liu Bin oct) Handan a hospital medical staff to expectant mothers Liang made a lateral surgery, will Liang "dry" for up to 40 minutes on one side, resulting in after the baby was born with cerebral palsy . Reporters recently learned from the Hebei Provincial Higher People's Court heard that a few days ago this piece of rare medical indemnity dispute case to make the hospital a second trial, the parties rejected the appeal and upheld the trial on hospital baby 1.59 million yuan compensation decision.<br> <br>■ Facts:<br> <br>Expectant mothers to dry 40 minutes after surgery<br> <br>According to the Handan City Intermediate People's Court verdict, at 9:35 on October 28, 2004, due to intrauterine pregnancy check Handan Liang, a hospital obstetrics and gynecology to be produced. At 2:40 on the 29th, the staff of Liang made a lateral surgery. 2:45, another into the delivery room of a maternity providers, obstetricians indicating a midwife for the business confinements (news media reported that "a trader is that the hospital staff acquaintances" - Reporters note). 3:20, midwives return to Liang confinements. 3:25,http://abjcuiru.com/home.php?mod=space&uid=3176, Liang birth to a baby girl. 3:45, baby girl admitted to hospital Neonatology, diagnosed as: hypoxic-ischemic encephalopathy. January 25,http://www.e-tud.com, 2005, the child stay Peking University First Hospital for treatment,moncler outlet, admission diagnosis: mental retardation. Discharge diagnosis: intelligence,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=173&page=, sports, retardation,http://chaos-file.jp/bbs2/bbs.cgi?room=48, epilepsy, hypoxic-ischemic encephalopathy sequelae. November 1, 2005 Beijing Pok Oi Hospital diagnosis proved to: cerebral palsy, spastic quadriplegia very severe; microcephaly; intelligence, language,http://www.to68.com/home.php?mod=space&uid=16533, visual impairment; epilepsy.<br> <br>■ Identification:<br> <br>Medical negligence caused the baby with cerebral palsy parties<br> <br>It is reported that during the trial court proceedings,hogan rebel, according to the risk of side application, the parties negotiated the two sides are determined by Southwest University of Political Science Forensic Center hospital for birth deliveries during the existence of fault and degree of fault how big the baby is now state of health and birth hospital medical practice whether there is a causal relationship between,http://e-teikan.org, the baby's disability and other identification. August 5, 2007, Southwest University of Political Science Forensic Center of Forensic make offers, expert conclusions: the existence of medical negligence against the hospital confinements in the process of maternal; its negligence and neonatal hypoxic-ischemic encephalopathy and even now show a causal relationship exists with cerebral palsy; medical negligence participation party itself is relatively large factor in the risk of side participation.<br> <br>It is reported that April 21, 2008, the parties jointly appoint Beijing is that forensic center for baby level of disability, medical dependence, dependent care, disabled aids cost assessment. After Beijing is that forensic center to identify on May 13,doudoune moncler pas cher, 2008, and on April 7 this year,hogan outlet online, to complement the identification, the final conclusion is: who constitutes level residues were identified.<br> <br>■ verdict:<br> <br>Upheld hospital compensation 1,590,000<br> <br>Handan City Intermediate People's Court that, according to the expert conclusion and supplementary expert opinion Southwest University of Political Science Forensic Center August 5, 2007 and November 25, 2008 to make sure the defendant hospital in the course of Liang confinements there medical negligence, negligence and their baby hypoxic-ischemic encephalopathy and even now there is a causal relationship between cerebral palsy performance, fault should be recognized medical side factors are the main factors leading to cerebral palsy consequences.<br> <br>In accordance with the "People's Republic of China Civil Law", "Supreme People's Court on the trial of personal injury compensation cases interpreting the law applicable to a number of issues,roshe run soldes," the relevant provisions, Handan City Intermediate People's Court to pay Liang and baby hospital medical expenses, care, disability damages, moral damages solatium total of 1,594,498.5 yuan.<br> <br>The plaintiff, the defendant refused to accept the ruling and appealed to the Hebei Provincial Higher People's Court. Hebei Provincial Higher People's Court held that the first instance the facts are clear, correctly applies the law should be upheld,http://www.rda-gl.cv.ua, and the judgment in accordance with the relevant provisions of the "People's Republic of China Civil Procedure Law": rejected the appeal and upheld the conviction.<br> <br>■ Judges Comments<br> <br>The higher the compensation that a warning to the whole society<br> <br>According to a causal relationship between the degree of fault of the hospital, as well as damage to the victim's fault and the results of the damage, the court ordered the hospital to bear a higher liability.<br> <br>In recent years, the frequent occurrence of medical disputes become the focus of attention of the community. Any point of medical errors and omissions can give patients bring adverse consequences. So for every subtle aspect, the doctor should be extremely responsible. But in reality,http://www.tenipa.net/16/cgi-bin/memo/apeboard_plus.cgi?command=read_message&msgnum=85/, like the case so that the patient be treated differently, the phenomenon is not seriously irresponsible individual. Even the hospital to heavy compensation is difficult to make a huge trauma suffered by the victim. In this regard, the goal of judicial relief is much more than just punishment, but also to alert the conscience of doctors and hospitals to prevent the tragedy from happening again.<br><br>

    Posted 10 years ago #

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