<br>Hungry children with cerebral palsy after a<br> <br>Text / Jin Zhanliang<br> <br>Abstract: court mediation organization, considering that we continue to play in terms of time and energy consumption can not afford, and small Yangyang-needed funds for rehabilitation, so we accepted the 60 million compensation for the results of the mediation.<br> <br>A hungry newborn with cerebral palsy<br> <br>She kept repeating the phrase:. "If I knew this, saying that he was fed milk powder, water put some sugar" It reminds me of a sudden Xianglinsao phrase "I was a fool, really."<br> <br>LIU Wen-ying (a pseudonym) for the first time to my office, she is crying to come, she asked me as her son's second trial attorney, safeguard their legitimate rights.<br> <br>Liu Wenying early 30s and seemed a more than 40-year-old man, his face covered with gloom sallow, dull eyes. In her intermittent crying, and I realized that she was only 4 years old son, Yang Yang is a child with cerebral palsy, and all this because the hospital mandatory breastfeeding.<br> <br>July 2004, Liu Wenying pregnancy choice close to home Chuiyangliu Beijing hospital for prenatal, obstetric hospital under the guidance of director, she made a total of 9 inspections during early pregnancy and found no virus cold, gestosis and other pregnancy complications, fetal heart rate fetal movement each inspection scored 10 points, prenatal everything is normal.<br> <br>December 6, 2004 in 22:00 and more, Liu Wenying gave birth to a baby boy by caesarean section smoothly. "The children came to this world's first cry was so loud and sounds, when the doctor told me was a boy, I was moved to tears like spring water constantly drip down her cheeks." Was the first reaction of Liu Wenying It is, "I'm finally a mother!" All the pain and hardships are born with this little life and gone.<br> <br>However, all the happiness in the next day have become anxious. Because Liu Wenying performed cesarean section, her milk did not come down, hungry children cried. Helpless family made the point to feed their children milk substitutes and the like, but the nurse said:. "This will not do, we in the implementation of breastfeeding, you can not feed the other stuff."<br> <br>Nurses heard the words, Liu Wenying and his family had to take their children back and forth, to coax the child to sleep. However,louboutin pas cher, four or five o'clock in the afternoon when the children are still kept crying because they were hungry. Liu Wenying bite the bullet and go to the doctor and the nurse asked if I can not feed their children a little boiled water. Finally, she got "You can feed some water, but can not feed anything else,http://store.shopping.yahoo.co.jp/uchiyama-sports/skl-89406-a.html,nike air yeezy pas cher,http://store.shopping.yahoo.co.jp/menscasual/n-tops-63-menscasual.html," the license. A child to drink water after saturation, went back to sleep.<br> <br>On the third day, Liu Wenying yearn milk has not come down, and drinking water can not meet the requirements of the child, the mouth issued a "Zaza" sound from time to time. "I know that the child was hungry anxious, but the nurse's attitude is still very tough, do not let the children feed the other things." Liu Wenying said the child was better state of mind, she did not think too much.<br> <br>Day afternoon, heard the child crying wah-wah, Liu Wenying desperately milking water, a few drops of milk and finally the poor drop in the child's mouth. Liu Wenying could not bear it, I cried and begged the nurse to feed their children milk point, but the nurse said impatiently: "!. Not if you steal to feed, a responsible for any consequences of your own, the hospital will not be responsible," Liu Wenying or constantly pleading, the nurse finally agreed to boiled water into sugar.<br> <br>She fed sugar water twice, the children went back to sleep. But by 20:00, Liu Wenying suddenly found the child had been sleeping, Dodo him, and he just hum or two, the mental state is very bad. Liu Wenying wife quickly called the nurse, who looked very impatient, forced to bomb the bomb the child's little feet, the children cry a few times, the nurse did not think the problem went away. To 12 midnight, when inspections nurses, found the child's status is not good, he informed the pediatrician and then took a chest X-ray is temporarily observed.<br> <br>"At that time, the child has not smoked, when a few drops of milk drops out I will be hard at his mouth, he will not eat, from milk to flow out of his mouth." Said Liu Wenying cried no words came a long pause, she continued:. "to December 10, the child suddenly convulsions,http://store.shopping.yahoo.co.jp/topism/s-pants-7-topism.html, screaming, children were sent to pediatric"<br> <br>Liu Wenying Unexpectedly, she could not wait to come is the son of "intracranial hemorrhage, hypoglycemia, hypocalcemia, aspiration pneumonia, hyperbilirubinemia (CP) 'diagnostic results. Liu Wenying and family are shocked after hearing the result, they feel the sky had fallen. They suspect the doctor diagnosed wrong to take the kids have gone to the Capital Children's Hospital, Beijing Union Medical College Hospital,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001016036.html, Beijing Tongren Hospital, Beijing Second Artillery General Hospital, Beijing Navy General Hospital, Capital Medical University, Beijing Children's Hospital for examination and diagnosis, conclusions : psychomotor developmental disorders, cerebral palsy, epilepsy symptoms.<br> <br>"We are all a father a mother, there is no knowledge of aspects of parenting in the hospital, we believe that health care is the authority, they are God, they are science. They say what we heard nothing, for our children's health for fear of doing wrong a bit. but we did not think how, after listening to their words, in return for such a result. "Liu Wenying cried.<br> <br>Sentiment has slightly calm down Liu Wenying, sitting there staring, his mouth kept repeating the phrase:. "If I knew this, saying that he was fed milk powder, water put some sugar" It reminds me of a sudden Xianglinsao the phrase "I'm silly, really."<br> <br>$ 600,000 compensation<br> <br>We took 60 million compensation for mediation. July 15, 2009, the Beijing Higher People's Court civil mediation, hospitals and Liu Wenying on mediation signed, the hospital fulfilled its obligation to compensate. In this way, Liu Wenying finally will last five years, rights of way to draw a conclusion. However, her suffering life will begin in another way.<br> <br>In order to have a say to his son, Liu Wenying filed a civil action to the court, asked the hospital to assume 100% responsibility, compensation for the losses totaling more than 140 million.<br> <br>Court of First Instance, after hearing that: "Justice is an important basis for the identification of medical indemnity dispute case reference, forensic case that the defendant in the implementation of the medical process, do not pay attention to individual differences and dairy products will be prohibited from feeding any mechanical implementation breastfeeding is the main plaintiff hypoglycemia, low blood sugar can affect brain tissue function, causing severe permanent damage to the nervous system, clear the defendant negligent behavior in the consequences of the damage from a certain degree of participation, the defendant in damages to the plaintiff the formation of the consequences of participation in the C-class, which should bear responsibility for a small part, on the basis of opinions and facts found in the case of identification, at the discretion of the defendant to bear 30% of the responsibility for the damage, compensate the plaintiff for medical expenses, care, disability compensation gold and a total of 12 million yuan, the spirit of solatium 30,000 yuan. "<br> <br>Deduct $ 20,000 appraisal fees and court costs, Liu Wenying was only 13 million yuan, which for a severe cerebral palsy (identified as three residues) future costs of treatment and rehabilitation is needed, described as inadequate.<br> <br>Thus, Liu Wenying appealed. She wanted me to do the second trial attorney.<br> <br>I know professional medical disputes particularly strong, generally do not have medical knowledge and experience of people do not deal with medical disputes medical disputes it is difficult to fight the lawsuit. In particular, this cerebral palsy medical malpractice even more difficult. In medicine the etiology and mechanism to cerebral palsy is still no conclusive evidence that there is any small Yangyang hospital with cerebral palsy is causing it? Or what is wrong with the hospital? Bear much responsibility? These questions have to be clear. Court of First Instance judgment already have, like in the court of second instance judgment of a breakthrough is not very easy thing. I listened carefully Liu Wenying tells the brain to stop thinking about these issues.<br> <br>As I hesitated, I suddenly saw Liu Wenying helpless and pray that the eyes, all of a sudden I was the mother moved. As a lawyer I have a responsibility to provide legal help for her, for her fight for more rights.<br> <br>Breastfeeding of conduct is based on the healthy growth of babies considered. According to the World Health Organization, 1.5 million babies worldwide have died as a direct non-breastfed every year. The latest research proves: if all women can breast-feeding postpartum beginning an hour, could save millions of newborn lives.<br> <br>So advocate breastfeeding is not wrong, wrong is our specific approach. Liu Wenying from the talk, I think the hospital has done a little too strict. Query through the network, I found that there are many similar cases. It seems that the problem is not a special case, but some "universal," the.<br> <br>I am entrusted this case, participate in the proceedings of the case, whether it is to safeguard the interests of the parties, or the promotion of the right breast so that more children from this fate, has great significance.<br> <br>After accepting a commission, I first serious study of the first trial, the first trial to study all archival materials including trial transcripts, forensic identification book,polo ralph lauren soldes, disability grade identification of the book, all medical records and other small Yangyang, access to a large number of medical books, also visited more than in Beijing, famous specialist of obstetrics and gynecology.<br> <br>Through comprehensive analysis, I think the conclusion based on "forensic identification book" made insufficient, there are many doubts, the court in the case for such an important piece of evidence is no cross-examination, judgment reducing the responsibility of the hospital, the victim unfair. So, I submitted a claim to the court of second instance, "forensic identification of the book," the identification of attendance for cross-examination of the application.<br> <br>I wanted to overthrow the unscientific "forensic identification of the book," because it is not entirely based on the patient's medical records to be identified, many of them are copied discussed textbook; I would like to require hospitals to assume at least 80% of the responsibility. However, the court of second instance,babyliss pro perfect curl, and not all support this idea, but will bear 30% of the responsibility to 40% of the original hospital, mental solatium raise to $ 40,000, the total amount of compensation was raised to 21 million yuan.<br> <br>Obviously, this result does not meet our ideal goal, we are ready to apply for retrial to the Higher People's Court. But so we did not expect that, before the hospital we filed an application to the High Court for retrial.<br> <br>Liu Wenying hospital discontent reached its limit, she more than once and I said:. "If even such a result hospitals do not agree, then I took the child to the hospital raise" her mood I was very understandable, I had earnestly advised her not sentimental, do not do aggressive behavior, the child itself is a victim, not let him suffer further harm. In my persuasion, Liu Wenying calm down, she decided to apply for retrial to the Beijing High People's Court.<br> <br>Just when we are ready to apply for a retrial, the Beijing Higher People's Court informed us talk. For this conversation,http://evenset490.seesaa.net, we were fully prepared, in court we explained our views and reasons. Court mediation organization, considering that we continue to play in terms of time and energy consumption can not afford, and small Yangyang-needed funds for rehabilitation, so we accepted the 60 million compensation for the results of the mediation.<br> <br>July 15, 2009, the Beijing Higher People's Court civil mediation, hospitals and Liu Wenying on mediation signed, the hospital fulfilled its obligation to compensate. In this way, Liu Wenying finally will last five years, rights of way to draw a conclusion. However, her suffering life will begin in another way.<br> <br>Gratifying results<br> <br>The meticulous care of her mother, he has made great progress. He seems to be able to understand his mother spoke content, especially for a special interest in music when he heard beautiful music can be smiles on their faces, and sometimes clap.<br> <br>There are little more than a month did not see Yang Yang, I heard that after Liu Wenying get compensation payments, with little Yang Yang went to a rehabilitation hospital, doing rehabilitation for small Yangyang. I do not know that a small Yangyang rehabilitation of how to effect, a proxy for them such a long time, I have some really thinking about them.<br> <br>I just want to give Liu Wenying make a phone call, asked about the situation of small Yangyang when I received her phone, she wants to look at my law firm. Liu Wenying coming this time, with a silk banner. I have some fear and trepidation, I just do the lawyer should do duty, but by such a high evaluation of the parties.<br> <br>A week later, some friends and I went to see a small Yangyang. The time to see Liu Wenying, her mental state is much better, his face with a smile, some people are fat, no longer look like when we first met.<br> <br>Liu Wenying completely quit his job to take care of small specialized home Yangyang, Yangyang small evidently taken care of well. Although he still can not speak, can not walk. However, under the meticulous care of her mother, he has made great progress. He seems to be able to understand his mother spoke content, especially for a special interest in music when he heard beautiful music can be smiles on their faces, and sometimes clap.<br> <br>We take this moment to encourage Liu Wenying, "chances are the child will be gifted in music, we should have confidence in the child." In fact,http://store.shopping.yahoo.co.jp/spark-inc/kit-65w-d2c-36.html, from the child's eyes to see Liu Wenying know, our encouragement is unnecessary. In the eyes of the mother, son,louboutin pas cher,http://mizuki02.ciao.jp/cgi/diary/apeboard_plus.cgi?command=read_message&msgnum=90/, it is hoped, to the hope that she would spare no effort to pay, even if he is cerebral palsy patients.<br> <br>I heard in the hospital after this happened also to rectify and change the kind of mechanical practices, improve service quality, medical staff also return to the original appearance of the angels.<br> <br>In recent years, our economy has developed rapidly, people's living standards have greatly improved, the benefits of the development of society riveting. But we all feel in our body seem to be missing something, I often think less of what exactly? Seems a little something spiritual side of things, less some responsibility to others, responsibility for work, social responsibility, but these are the most precious quality of humanity itself.<br> <br>Breastfeeding does not mean that the implementation of the non-breast-feeding is not Chairman Mao said long ago, "dogmatism kill people." If our angels without mechanical implementation of breastfeeding, small Yangyang cerebral palsy can become it? If our angels treat their patients are not so cold, so inhuman, Liu Wenying also sad angry that it? If our hospital breastfeeding for detailed medical propaganda and organizational learning, to solve what might happen to make the plan as much as possible, it will happen this malpractice? Maybe everything will not happen.<br> <br>Time will not be back, what happened can not be avoided, only remedy. But we should also be able to do this type of accident occurs less in the future or does not occur.<br> <br>For others, but also to ourselves,http://www.suzuya-r.jp, we retrieve lost the most precious thing!<br> <br>(From "Law and Life" fortnightly in September 2009 under the fortnightly)<br><br>
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