stroke, and then medical school interview advice part 1
Accuser: Liu Zhongyan, female, unripe 1975, the Han nationality, dweller, live always plain area.
The accused: Always hospital of plain division people. Abode ground: Always plain area is like the home to develop 86.
Legal representative: Long Anliang, dean.
Attorney: Yang Xun, male, unripe 1964, the Han nationality, director of this courtyard orthopaedics, live always plain area.
Accuser Liu faithful swallow and the accused always medical services of hospital of plain division people serves contract dispute one case, after this academy put on record is accepted, lawfully applicable and average order, by the judge Du Jinyou holds the position of as presiding judge, introduced from the northern and western nationalities or from abroad as the judge Chengdu and acting judge Xiao Juhua to comprise collegiate bench, open open a court session undertook cognizance. Accuser Liu faithful swallow and its attorney Wu Zhiliang, the accused always the attorney Yang Xun of hospital of plain division people and Che Shuping joined suit to front courtyard. This case already was tried now terminative.
Accuser Liu faithful swallow appeals to say: Accuser got injured by fall on September 14, 2005 carelessly, enter cure of the accused punish that day, diagnose for fracture of right femur middle, made fixed operation on September 15, 2005, and at second month 8 days leave hospital, doctor‘s advice rests in home lie in bed 2 months, the accuser after expiring cannot get up stand, to Chongqing city hospital of the 2nd people is treated, discover fracture of sex of stale of right femur neck, fracture of right femur neck is not had before accuser operation, from the accused operation hind is photographed piece on see showed fracture of right femur neck. Accuser asks the accused is solved, the accused asks accuser manages services to the accused, because accuser loses faith to the accused, arrived on December 28, 2005 Chongqing medical university is accessary cure of bone of establish of be in hospital of the first hospital, be in hospital left hospital 20 days on January 17, 2006. After leaving hospital, services resumes in the home, the accused reached Lu state city on June 27, 2006 cure of courtyard of traditional Chinese medical science of Long Matan area, be in hospital leaves hospital 22 days 24 days at second month. Accuser classics appraisal disables grade is 8 class. Because the accused is in the fault in operation process, cause fracture of neck of accuser right femur, cause accuser to suffer a loss, reason sues requirement the accused to give pay medical services to expend 39472.57 yuan, 2 times the operation expends 15000 yuan, allowance of food of be in hospital is expended (Chongqing medical university is accessary the first hospital hospital of traditional Chinese medical science of Long Matan district of city of state of Lu of 20 days of ＋ 24 days) 44 days of ×12 yuan / day. Aggregate 148170.21 yuan.
The accused always argue of hospital of plain division people says: Accuser is admitted to hospital diagnose for: 1, fracture of perverse form of right femur middle; 2, right knee parenchyma is hurt. Accuser left hospital on October 8, 2005 after classics cure, the accuser when leaving hospital did not accuse right ham is aching, activity of right knee joint shows 90 degrees. Accuser of the enjoin when leaving hospital holds to this academy outpatient service to follow visit, prohibit go to the fields loads, after leaving hospital two months, check. Accuser reached Chongqing city in December 2005 hospital of the 2nd people photographs X line to discover fracture of right femur neck. Its reason, main consideration is a restoration of incision of right femur fracture to bring the operation complication that when skill is being secured inside the needle inside trivial marrow, causes, this kind of complication also has a story on orthopaedics major magazine, avoid completely hard; Consider to appear in process of diagnosis and services next leakage examine, accuser is in get hurt the likelihood in the process already brought about fracture of right femur neck, but fracture may be the linear fracture that does not have shift, inchoate cannot show completely on X line, accuser also did not accuse when be admitted to hospital coxa ministry is aching, perhaps masked ache of right coxa ministry as a result of the acuteness ache of right femur fracture, reason is in charge of a doctor to did not do the special inspection of this place to be diagnosed in order to make clear further, be expert at when the knock in the process that skill secures inside restoration of incision of fracture of right femur middle enters the needle inside pith, it is clearer to cause fracture to carry shift and make line of the X after art shows. Accordingly, the accused should not assume responsibility, request court adjudicates lawfully.
Find out via cognizance: Accuser gets injured by fall to was in hospitalization 24 days to the accused on September 14, 2005 because of traffic accident, be admitted to hospital diagnose hurt for parenchyma of fracture of right femur middle, right knee, the accused undertook to the right femur fracture of accuser on September 15, 2005 the operation is treated, accuser leaves hospital at was being cured on October 8, 2005, leave hospital doctor‘s advice: Hold to this academy outpatient service to follow visit, rest after two month, fracture cicatrization, take inside fixed etc. Of the same age on December 27, accuser reachs Chongqing city be in hospital of hospital of the 2nd people 1 day, charge of medical services of generation be in hospital 453.5 yuan. Morrow, accuser because of right femur fracture sexual fracture goes to stale of neck of art hind, right femur Chongqing medical university is accessary be in hospital of the first hospital, undertook the fixity inside restoration of sexual fracture incision, femur takes out stale of right femur neck to wait for cure, leave hospital at was being cured on January 17, 2006 after 20 days, accuser uses fee of medical services of be in hospital in this courtyard 32905.62 yuan, this courtyard leaves hospital doctor‘s advice: Absolutely lie in bed rests in March, strengthen function sufferring from limb to take exercise etc. On June 27, 2006, accuser reachs hospital of traditional Chinese medical science of area of pool of horse of dragon of Lu state city hospitalization, be diagnosed be short of courage and uprightness to head of art hind, right femur is secured inside right femur fracture hepatitis of sex of necrotic, chronic second virus, be in hospital 24 day hind left hospital on July 22 at of the same age, use fee of medical services of be in hospital 4403.3 yuan, outpatient service cure expends 92 yuan. Accuser came on December 22, 2005 Chongqing city reachs during August 26, 2006 hospital of the 2nd people uses the fee of outpatient service medical services such as operation, radiative, medicines and chemical reagents 1407.7 yuan. On October 27, 2006, accuser is in Chongqing medical university is accessary the first hospital uses outpatient service medical services expends 160.45 yuan and pay common appraisal expends 50 yuan, this courtyard makes medical services surveyor‘s report at be the same as a month 31 days, conclusion is accuser disable assess 8 class. Accuser thinks his femur neck fracture fastens the accused to be caused in operation process, reason is sued come courtyard, sum of requirement the accused compensates for his corresponding loss.
In lawsuit, via the accused application, this academy entrusts place of appraisal of judicatory of science of Chongqing city court to deal with to the medical services of the accused lawfully whether is behavior put in fault to reach its are as causal as what damage consequence etc have identification, its conclusion is: 1, an account in one‘s own words of accuser of the inquiry when the basis diagnoses tegether, its hurt right lower limbs at falling when taking autocycle on September 14, 2005. Because of right lower limbs " obstacle of aching, deformation, function 3 hours " enter always orthopaedics of hospital of plain city people, x piece clew " fracture of perverse form of right femur middle " . Its operation points to proof clear, operation kind is right, accord with medical services to deal with standard; 2, the X before art piece the check and approve after classics computer zoom is handled, neck of visible right femur (neck) doubt is like fracture, combinative accuser injures means and bone to injure mechanical mechanism, when eliminating to get injured by fall, neck of amalgamative right femur does not have the likelihood of shift fracture, and X checks after art piece indicate shift of fracture of right femur neck clearly. Always hospital of plain city people fails to discover processing in time, the incur loss through delay on certain level the time of make a diagnosis and give services of accuser, should bear leakage examine responsibility. Accordingly, always the medical services of hospital of plain city people deals with presence is constant between fracture of neck of right femur of behavior and accuser causal, but injury of accuser oneself foundation is main factor; 3, accuser is in rehabilitation phase at present, the proposal is followed regularly visit. For this, the accused pay appraisal expends 4500 yuan. Because accuser refuses to obey this appraisal conclusion, the member that apply for appraiser appears in court accept ask for an explanation, the member that accuser paid appraiser for this appears in court charge 700 yuan.
2 operations that both sides of former, the accused all affirms accuser are expended (after after waiting for right femur neck and femur to do fracture tactics, cicatrizationing completely, take inside the charge of be in hospital of fixity) need 8000 yuan and the monthly wages of accuser is 676.3 yuan, daily wages is 22.5 yuan, cost of deformity extra allowance for living expanses presses 8623 yuan / year ×30 year ×30 ％ ＝ is calculated 77607 yuan. Because of,the 8 step that the accused approves accuser disable be caused by of femur neck fracture. The accused thinks accuser from Chongqing medical university accessary after the first hospital leaves hospital, do sth without authorization reachs Lu state city the medical services charge of hospitalization of hospital of traditional Chinese medical science of Long Matan area should not advocate, because accuser does not have relevant reason and basis to arrive in provincial area class,the hospital is treated, belong to enlarge charge, also do not approbate accuser to the allowance of food of be in hospital in Lu state be in hospital is expended and be accompanied thereby protect cost to wait. The accused thinks accuser itself gets hurt behoove rests and delay one‘s work, the loss of cost of delay one‘s work that reason recognizes accuser appropriately is in by accuser Chongqing medical university is accessary be in hospital of the first hospital is added 20 days leave hospital doctor‘s advice rests to added up to 110 days to calculate in March, think its spirit damages solatium to should be calculated 1 year more appropriate, accompany protect cost of cost, allowance of food of be in hospital to approbate accuser to be in only Chongqing medical university is accessary be in hospital of the first hospital charge of 20 days.
Afore-mentioned facts, sheet of anamnesis of card of bilateral party state, census register, be in hospital, radiative report, medical services expends a day of bill, prescription, detailed list, leave hospital testimonial of watch of card, surveyor‘s report, salary, judicatory, capture expends bill to wait for evidence coiling, pledge on the court via bilateral party card, can serve as the basis that knows fact of definitive edition case.
This academy thinks: Because accuser gets injured by fall to be in go to a doctor to the accused, cure of classics the accused its are right after femur middle fracture leaves hospital, accuser is diagnosed to have fracture of sex of stale of right femur neck again and continue to treat to his place, and appraisal its disable assess is 8 class. In lawsuit, classics this academy entrusts appraisal, its conclusion is: Accuser enters the accused to be in orthopaedics after taking autocycle to throw right lower limbs, x piece clew " fracture of perverse form of right femur middle " , its operation points to proof clear, operation kind is right, accord with medical services to deal with standard; the X before art piece the check and approve after classics computer zoom is handled, neck of visible right femur (neck) doubt is like fracture, combinative accuser injures means and bone to injure mechanical mechanism, when eliminating to get injured by fall, neck of amalgamative right femur does not have the likelihood of shift fracture, and X checks after art piece indicate shift of fracture of right femur neck clearly. The accused fails to discover processing in time, the incur loss through delay on certain level the time of make a diagnosis and give services of accuser, should bear leakage examine responsibility, the medical services of the accused deals with presence is constant between fracture of neck of right femur of behavior and accuser causal, but injury of accuser oneself foundation is main factor. For this, this academy thinks the accused should bear the legal responsibility of leakage examine to the fracture of right femur neck of accuser, but accuser also should bear main responsibility to the injury of oneself. The incur loss through delay of time of accuser make a diagnosis and give services was caused on certain level as a result of the leakage examine of the accused, reason the accused should be in to accuser Chongqing medical university is accessary the cost of allowance of food of be in hospital during hospitalization of the first hospital, accompany protect cost of cost, delay one‘s work to assume total liability to pay compensation, the appraisal cost in this case lawsuit and appraisal personnel appear in court charge also should be assumed by the accused. Cost of the 2 operations expenses to accuser, deformity extra allowance for living expanses, spirit is damaged solatium and in Chongqing medical university accessary the medical services that hospital of the 2nd people produces the first hospital and Chongqing city is expended (contain disable appraisal expends 50 yuan) , answer to assume less important responsibility by the accused. The spirit that accuser requests damages solatium number, according to accuser disable degree and damage consequence to wait, it is advisable that this academy advocates 1 year. About the time of delay one‘s work of accuser, the account of relevant medical records of medical establishment of this academy basis thinks 110 days truly. Accuser is sued think its are right because the excuse that the accused of department of femur neck fracture creates in operation process does not have sufficient evidential evidence and cannot hold water. Accuser from Chongqing medical university accessary the first hospital is cured after leaving hospital, do not have medical establishment turn courtyard proof and relevant doctor‘s advice and do sth without authorization saves cure of Lu state city to Sichuan, belong to enlarge a loss, this academy treats the corresponding loss of generation not to grant to affirm in Lu state city to its. Accordingly, according to " general rule of civil code of People‘s Republic of China " the 98th, the 106th, the 119th, " code of civil law of People‘s Republic of China " the 64th, the 128th regulation, the court decision is as follows:
, allowance of food of be in hospital expends 12 yuan / =240 of day ×20 day yuan, accompany protect cost 30 yuan / =600 of day ×20 day yuan, delay one‘s work expends 22.5 yuan / =2475 of day ×110 day yuan, appraisal expends 4500 yuan, appraisal personnel appears in court, aggregate 8515 yuan, hospital of people of You Yongchuan division is assumed;
2, Liu Zhongyan‘s medical services is expended (contain disable appraisal expends 50 yuan) 34977.27 yuan, 2 times the operation expends 8000 yuan, deformity extra allowance for living expanses expends 8623 yuan / year ×30 year ×30%=77607 yuan, spirit damages solatium 8623 yuan / year ×1 year =8623 yuan, aggregate 129207.27 yuan, hospital of people of You Yongchuan division compensates for Liu Zhongyan 38762 yuan, more than You Liuzhong swallow is conceited;
3, the other suit request that rejects Liu Zhongyan.
Afore-mentioned each, taste alternate always after the identification that hospital of plain division people already bore expends 4500 yuan, hospital of people of You Yongchuan division at adjudicating 42777 yuan to become effective hind compensates for Liu Zhongyan inside 5 days originally.
If did not press what this court decision appoints during fulfill pay money obligation, ought to according to " code of civil law of People‘s Republic of China " the 232nd regulation, pay doubly to walk on the debt interest between date of departure tardily.
The case accepts fee 4470 yuan, other legal fare 1200 yuan, aggregate 5670 yuan, burden of You Liuzhong swallow 2270 yuan, always burden of hospital of plain division people 3400 yuan (this Liu Zhongyan already was handed in beforehand, this academy does not make Qing Dynasty retreat, be restricted always hospital of plain division people at adjudicating become effective hind pays Liu Zhongyan continuously inside 5 days originally) .
If refuse to obey,adjudicate originally, can be in since the day of judgment service inside 15 days, hand over petition for appeal to this academy, the number that presses a the opposing party offers copy, appeal at Chongqing city court of the 5th intermediate people.
CarefulSentenceLongDu Jinyou
CarefulSentenceIntroduced from the northern and western nationalities or from abroadMash
Acting judgeXiao Juhua
2 7 years 00 on July 17
BookWrite downDengLi
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