Add Bookmark | Recommend this book | Back to the book page | My bookshelf | Mobile Reading

Free Web Novel,Novel online - All in hlnovel.com -> Prose -> Hello Miss Lawyer

Chapter 68 Medical Dispute (7)

Previous page        Return to Catalog        Next page

    ?

    ? On the day of the trial, the plaintiffs Chen Jinyu and Chen Jinxiu brothers and sisters and attorney Wu You attended the court. Mrs. Feng was still lying in the hospital.

    Only the attorney Liu Min and assistant Yin Chuan of defendant a hospital appeared in court to respond to the lawsuit.

    ? As soon as the presiding judge Wu Hui struck the gavel, the trial officially began.

    "Plaintiff, please read the complaint." Wu Hui said.

    "Dear judge, I will read the indictment on behalf of the three plaintiffs: the deceased Chen Fei, the husband of the plaintiff Feng Zhen, the fathers of the plaintiffs Chen Jinyu and Chen Jinxiu, was admitted to the defendant's hospital for advanced gastric cancer, and unfortunately fell to his death during the hospitalization. The plaintiff believes that  , after the patient was admitted to the hospital, the two parties have formed a medical service contract relationship. After on-site investigation, the basic safety facilities of the defendant's office were not perfect, and there was no fall prevention guardrail, and on the day the deceased fell from the building, the volunteers of the hospital failed to fulfill their duty of care  , is the root cause of the deceased falling to his death. Laws and regulations such as the "Law of the People's Republic of China on Practicing Physicians", the "Regulations on the Administration of Medical Institutions" of the State Council, and the "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" of the Supreme People's Court all stipulate:  Preventing and treating diseases, saving lives and helping the wounded are the statutory and sacred duties of medical institutions. The "safety guarantee obligation" for the inpatients' personal and property is the basic legal obligation of medical institutions. The plaintiff believes that the death of the deceased and the construction of the defendant's safety facilities do not conform to the regulations  And there is a direct causal relationship between the failure of the medical staff to fulfill their duty of care. In order to protect the legitimate rights and interests of the plaintiff, they sued the court and asked the defendant to pay the plaintiff the medical expenses of the deceased, death compensation, funeral expenses, the plaintiff's spiritual comfort, transportation, etc.  The total cost of accommodation and loss of work is 3.8 million yuan. The litigation costs of this case shall be borne by the defendant.¡± Wu You said.

    "The defendant replied." Wu Hui said.

    Liu Min nodded, and his assistant Yin Chuan said: "Dear judge, I am now defending on behalf of the defendant hospital a. The deceased Chen Fei suffered from severe depression. He complained of gastric cancer and was admitted to our hospital for treatment for a total of 15 days.  The patient's passion is extremely unstable, and there are several severe mood swings. According to the special situation of the patient, our hospital not only actively treats the patient's gastric cancer pain, but also gives more care and attention. However, medical resources are limited after all.  , must be equally distributed to other patients in the hospital, so the hospital has repeatedly reminded the family members of the patients in written form, that is, the three plaintiffs, to provide 24-hour care for the patients, but on the day of the incident, the family members of the patients and their  The hired nurse did not perform the duty of care. According to the surveillance video obtained later, the nurse hired by the plaintiff left the ward at 5:30 in the morning and did not return to the ward until 6:10. That is, during these 40 minutes, the patient acted  An adult left the ward by himself, which eventually led to a suicide tragedy. In addition, regarding the problem raised by the plaintiff that the construction of our hospital's basic security facilities did not meet the specifications, the defendant would like to emphasize that our hospital has all set up preventive measures in the ward.  The falling facilities have passed the inspection and acceptance of relevant departments, and they are absolutely in line with the safety facility construction specifications of hospitals. However, the place where the deceased fell to death was in the living area, and the hospital is not a prison. It is impossible to build anti-falling fences in all directions without dead ends.  We have fulfilled the corresponding safety guarantee obligation and fulfilled the obligation of notification, the hospital was not at fault in the death of the patient, and I implore the court to dismiss all the plaintiff's claims." Yin Chuan said.

    "You talk nonsense!" Chen Jinyu slapped the table, pointed at Yin Chuan and cursed angrily.

    "Mr. Chen, don't do this." Wu You tugged at Chen Jinyu's sleeve.

    "Plaintiff, pay attention to your emotions, this is a court." Wu Hui reminded.

    "Okay." Chen Jinyu nodded unwillingly.

    "Now we are entering the court cross-examination stage. The plaintiff is requested to present evidence first." Wu Hui said.

    "The plaintiff produced the following six pieces of evidence in total: 1. The death certificate of the deceased, Fade Chen, proving the fact that Fade Chen had passed away; 2. The medical records of the hospital, fee invoices, bills of expenses, etc., proving that the deceased received treatment and medical expenses at the defendant's place; 3.  A copy of the nurse¡¯s ID card and a receipt issued by the nurse to prove the expenses of the nurse; 4. Funeral expense invoice to prove the funeral expenses of the deceased; 5. Transportation fee invoice to prove the plaintiff¡¯s transportation expenses for handling the funeral of the deceased; 6. Lost work  It proves that the plaintiffs, Chen Jinyu and Chen Jinxiu, lost work in order to handle the funeral of the deceased.¡±

    "The defendant cross-examines evidence." Wu Hui said while looking down at the evidence.

    "We asked to see the original evidence." Yin Chuan said.

    "Yes." Wu You handed the original evidence to Yin Chuan.

    "There is no objection to the authenticity and object of proof of the first evidence of death certificate, the second evidence of medical records, invoices, and expense lists, and the fourth evidence of funeral expenses invoices; the third evidence is the copy of the nurse's ID card and  There are objections to the issued receipt, which is only a receipt, not an invoice, and cannot prove the identity of the person who wrote the receipt and the actual nursing fee paid by the plaintiff; there are objections to the authenticity and object of proof of the fifth evidence, the transportation invoice, and the plaintiff paid  payThe toll fee is obviously higher than the reasonable range, and the court should judge according to its discretion; there is no objection to the authenticity of the sixth evidence, the plaintiffs Chen Jinyu and Chen Jinxiu's lost work certificates, but the object of the proof has objections, and requests to see the original salary certificates or salary slips of the two plaintiffs.  "Yin Chuan said.

    "There is an official seal on it, can it still be fake?" Chen Jinyu yelled again.

    "He said to him, don't worry, the judge will judge." Wu You stopped Chen Jinyu.

    Chen Jinyu looked up and saw Wu Hui looking at him displeasedly, and he immediately twitched the corners of his mouth in embarrassment, trying to cover it up.

    "The defendant presented evidence." Wu Hui said.

    Yin Chuan glanced at Liu Min, Liu Min didn't speak, but nodded slightly.

    Yin Chuan said: "We provide all the case materials of the patients treated in our hospital as evidence. On the day of the incident, all the medical records have been sealed up as soon as possible, and have been certified by the two plaintiffs.  Next, unpack the medical records."

    "Plaintiff?" Wu Hui asked.

    "We want to check the sealing of medical records." Wu You said.

    "Can."

    Yin Chuan handed several packages of medical records to Wu You.

    "Look, see if there is any problem." Wu You said to Chen Jinyu and Chen Jinxiu.

    The two repeatedly compared with the photos in the mobile phone, for fear of missing the details and being fooled by the hospital.

    "Has the plaintiff confirmed it?" Wu Hui asked about five minutes later.

    "This is it." Chen Jinyu said.

    "Then unseal the medical records." Wu Hui said.  (Remember the site URL: www.hlnovel.com
Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report