Legal case (medical damages dispute)

‍‍Case:‍‍

Yu Mou and the applicant in Chengdu Qingyang District Chinese Medicine Hospital (hereinafter referred to Qingyang District Hospital) medical damages dispute case, to the Chengdu Intermediate People's Court for retrial. Chengdu Intermediate People 's Court formed a collegial panel to review the case and has now reviewed the end.

‍‍Case Analysis:‍‍

The judgment of the first instance finds that the facts are unclear and the evidence of acceptance is invalid. In the present case, the adverse effect of medical treatment is not caused by the medical treatment, and the medical staff who have applied for the retrial is not actively taking the measures and failing to inform the obligation, concealing the condition and neglecting the matter. Serious consequences. The application of the retrial to the self-commissioned Zigong Joint Judicial Expert Center for judicial identification of the conclusions that apply for retrial and his mother's medical records are not true, incomplete, false, forged medical records, can not be used as evidence. The case of the Chengdu Medical Association, Sichuan Medical Association, Sichuan Huaxi forensic identification center, the Chinese Medical Association of the identification are based on the medical side of the medical records made by the identification report should not be used as a basis for determining the facts. Due to the medical side of the omission, resulting in the application of a retrial level of disability, full care depends on the serious consequences. Request the revocation of the first instance verdict, according to Yibin emerging forensic identification of the identification of compensation for a total of 69 million yuan of various charges, and apply for retrial and their mothers of the existence of alteration, add and other judicial identification.

Applicants Qingyang District Hospital submitted that the first instance verdict that the facts are clear, the application of the law is correct. The first instance of the Chinese Medical Association issued by the medical accident technical appraisal letter that the facts are in line with the law, the Chinese Medical Association and other identification agencies did not suspend the identification of the behavior sufficient to explain the medical records of the part of the "change" does not affect the authenticity of the medical records and the facts The And the applicant for the trial of the legal representative of the respondent in the copy of the medical record when the two sides have not yet any disputes, the applicant did not change the medical records of the reasons. The submission of the application for retrial in the submission of the Yibin new forensic identification center does not belong to the new evidence, the conclusions of the conclusions of the conclusions and Sichuan Huaxi forensic identification of the identification of the same conclusion, there is no new proof of content; Zigong joint The forensic certificate of the judicial appraisal center has not been recognized in the second instance because of the conditions of identification of the inspection materials. It is vexatious to apply for the retrial to be unlawful and unqualified. Sichuan Medical Association, the Chinese Medical Association of the conclusions concluded that children are born before the existence of intrauterine chronic hypoxia and developmental delay, and these two and apply for retrospective brain dysplasia there is a direct causal relationship.

‍Case Result:

The judgment of the first instance finds that the facts are unclear and the evidence of acceptance is invalid. In the present case, the adverse effect of medical treatment is not caused by the medical treatment, and the medical staff who have applied for the retrial is not actively taking the measures and failing to inform the obligation, concealing the condition and neglecting the matter. Serious consequences. The application of the retrial to the self-commissioned Zigong Joint Judicial Expert Center for judicial identification of the conclusions that apply for retrial and his mother's medical records are not true, incomplete, false, forged medical records, can not be used as evidence. The case of the Chengdu Medical Association, Sichuan Medical Association, Sichuan Huaxi forensic identification center, the Chinese Medical Association of the identification are based on the medical side of the medical records made by the identification report should not be used as a basis for determining the facts. Due to the medical side of the omission, resulting in the application of a retrial level of disability, full care depends on the serious consequences. Request the revocation of the first instance verdict, according to Yibin emerging forensic identification of the identification of compensation for a total of 69 million yuan of various charges, and apply for retrial and their mothers of the existence of alteration, add and other judicial identification.

Applicants Qingyang District Hospital submitted that the first instance verdict that the facts are clear, the application of the law is correct. The first instance of the Chinese Medical Association issued by the medical accident technical appraisal letter that the facts are in line with the law, the Chinese Medical Association and other identification agencies did not suspend the identification of the behavior sufficient to explain the medical records of the part of the "change" does not affect the authenticity of the medical records and the facts The And the applicant for the trial of the legal representative of the respondent in the copy of the medical record when the two sides have not yet any disputes, the applicant did not change the medical records of the reasons. The submission of the application for retrial in the submission of the Yibin new forensic identification center does not belong to the new evidence, the conclusions of the conclusions of the conclusions and Sichuan Huaxi forensic identification of the identification of the same conclusion, there is no new proof of content; Zigong joint The forensic certificate of the judicial appraisal center has not been recognized in the second instance because of the conditions of identification of the inspection materials. It is vexatious to apply for the retrial to be unlawful and unqualified. Sichuan Medical Association, the Chinese Medical Association of the conclusions concluded that children are born before the existence of intrauterine chronic hypoxia and developmental delay, and these two and apply for retrospective brain dysplasia there is a direct causal relationship.

R‍elated regulations:

In accordance with the provisions of Paragraph 1 of Article 181 of the Civil Procedure Law of the People 's Republic of China. The decision of the citizen to accept the appeal of the electoral commission to the electorate may be sued by the people's court at the base level of the constituency at five days before the election day.