2012年5月25日星期五

The man two liver transplants to die a hospital excesssive medical treatment be judged to compensate to pay 930,000

After two liver inside more than 3 months transplants, the small piece of some high school in Wuhan unfortunate death.From now on, his father's daddy piece started a 10 years long litigation Marathon..BE experiencing a to review, two after review, retrying, the 硚 area court of the people thought while discussing again this case, two liver's transplanting all is implementation under the circumstance that didn't get an effective control at the small piece serious infection, and some hospital in Wuhan exists an excesssive treatment.The our country 《infringement responsibility method 》 that implements according to July 1 this year new rules, the court made verdict yesterday:The hospital should return paying liver of still small piece to transplant a medical fee more than 760,000 dollar, compensate plaintiff's more than 170,000 dollarses at the same time.Receive statement of verdict, daddy piece is long to urge an one breath:"So many in the last yearses, I am self-educated several law books, always maintain the rights with the legal action.I always believe that the law is fair ……"According to know, the case fastens our country 《infringement responsibility method 》 implementation after, the first case excesssive medical treatment in Hubei judges to compensate a case.Expend 1,000,000, unfortunately die yesterday after twice changing liver, 74-year-old daddy piece from man Chuan the old house come to man and introduce a son to fall ill the process for dying to the reporter.Daddy piece says that what he raises five sons and daughters, changes liver death is a small eldest son piece.The small piece livings in 1962 and studied result since the childhood excellent, worked in a high school in Wuhan after finishing university.In 1993, he appears to throw up blood, combine the companion be then black,womens sunglasses several through treatment still have no amendment.On July 30, 2000, he is then black because of throwing up blood, solving in a row, go to hospital after a hospital in Wuhan seeks medical advice.Through check diagnosis BE:The cirrhosis, the esophagus stomach bottom varix bleeds.At the same year August 1, hospital through after the consultation, to reach 《be critically ill notification 》 under the wife of small piece, the doctor in charge suggests a rightness of little Zhang Xing Gans' transplantations.At the same year August 8, the small piece accepted liver transplant operation, the blood elephant is higher after the Shu.Expert after consulting think behind his liver transplantation be infected severity, the beard carries on two liver transplantations.At the same year November 21, the hospital carried on the second-time liver transplant operation to the small piece, but Shu behind be infected still not ability effective control.The small piece appears septicemia, many organ functions to crock up.After being more than 10 day, small piece unfortunate death, the year is only 38 years old.More than 3 months inside, expend a medical fee to be close to 1,000,000 dollars.The small piece at time of death leaves dying wish:"The person in the end wants one dead, but must die understand.The hospital must compensate my liver ……"Daddy piece doing not already is sad decides to have a lawsuit to beg for parlance.But what he didn't expect is, this litigation, unexpectedly last for 10 years before or after.A judgment definitely, the court rejects plaintiff's litigation to request thereafter, daddy piece entrusts Hubei today law firm lawyer's visiting friend Anne is an agent, tell a hospital to claim more than 10000 dollars 120 on law court.In June, 2002, the 硚 area court of the people takes up this case, and entrust a China medical science will Wuhan the cent will carry on consultation to the treatment behavior of the accused hospital.At the same year September, the will think, because of the original medical history imperfection, can not authenticate.When this case was in court session, square in the hospital debated, the small piece is diagnosed for"B liver cirrhosis" enough to spare for 8 years, have already greatly bled to combine to once go Pi excision and broken to flow surgical operation on digest way of 6 occurrence.After it hospitalized, in great quantities throw up blood and then blood, have already had a shock, and stomach water...etc. clinical performance before the Shu, condition pretty much Wei heavy.The surgery expert discovers after consulting little cirrhosis piece already till last phase.Be agreed by family members and after signing, the hospital carried out liver transplant operation to the small piece.Square in the hospital also calls that at toward the family members explain surgical operation risk very Gao Deng circumstance after, Be agreed by family members, doctor just carried on two liver transplant operations to the small piece.The small piece saves to cure with all strength at the hospital under, because of serious liver disease and advanced case be infected, in after operation and soon die.The hospital doesn't have medical fault, not in response to load responsibility.In December, 2003, the court thinks after investigating, daddy piece personally takes away the original medical history of imperfection and results in square in the hospital's canning not offer as proof and can not authenticate, and the responsibility should be undertaken by daddy piece, hence the verdict rejects the old man's litigation claim.Is several through consultation, finally get "excesssive medical treatment" conclusion henceforth, the case through two review, retry, daddy piece's litigation requests all out of courts.Period, the court entrusts judicatory in Wuhan City to authenticate unit consultations, such as committee and judiciary judicatory consultation center...etc. one after another again, parties concerned with imperfection material, technique level not enough is from, refuse consultation.While acting for a lawyer and visiting the friend Anne's encouragement, once dispirited and discouraged daddy piece re-collected confidence again and discussed again to deluxe court of the people application in the province.In September, 2008, think after the Gao Yuan reviewing in province, daddy piece personally takes away although the medical history isn't appropriate, concerning provide whether the liver fresh offers as proof a responsibility should be undertaken by the hospital, original a judgment definitely will should offer as proof a responsibility allotment to daddy piece, belong to offer as proof a responsibility allotment not appropriate, should rectify, hence justify the hospital in Wuhan City to discuss again.Discuss again a period, the hospital entrusts Chinese section to help judicial consultation center to carry on judicatory consultation in Wuhan City, the center gets in January,Dior Sunglasses this year consultation opinion:Little Zhang Yuan delivers a disease to be critically ill heavy, dead at any time possibility;The behavior existence of the hospital fault, the two liver transplant all in the small piece all over seriously be infected don't get the circumstance of effective control under the implementation of, belong to an excesssive medical treatment, should be responsible for the small piece two liver transplant operation failure;Small piece the liver transplant operation of the death and oneself disease and hospital implementation all exists a cause and effect relation;Because of not ability witness liver source, judge towards providing liver quality and with liver transplant operation result of the influence degree of canning not.On these grounds, the hospital reaches to justify according to the new evidence bottom in Wuhan City and sends back a 硚 area court to discuss again this case.Yesterday, the 硚 area court made origin text the verdict that beginning says.


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