Chapter 457: Take over
At nine o'clock in the morning the next day, the third scenario occurred.
Cao Yun took Gao Shan Xing, who has a 70% stake, and he used the 30% stake as the boss to have a dialogue with the prosecutor.
The prosecutor is obliged to explain the situation, and the conversation with Cao Yun will be recorded, which may become evidence against Lu Yihang, or even against Cao Yun.
Lu Yihang has recently received frequent criminal cases and is well-known in the industry. When Cao Yun participated in the famous city, Lu Yihang took on a case of intentional injury.
Zhao Xiao is an unmarried girl who has been in love with Li Bao for two years, but because Li Bao's family is poor and Li Bao is not motivated, the two broke up. After the breakup, Li Bao and Zhao Xiao met, and Li Bao gave Zhao Xiao Zhao Xiao's personal belongings left in the rental house. The meeting place is on the steps of the park, where they first met. After meeting, Li Bao begged Zhao Xiao to give him a chance, Zhao Xiao decisively refused, took something and wanted to leave, Li Bao pushed Zhao Xiao, causing Zhao Xiao to roll down more than ten steps and be seriously injured and comatose, becoming a vegetative person.
Lu Yihang became Li Bao's defense lawyer, and he advocated Li Bao's innocence. The only eyewitness said that Li Bao pushed Zhao Xiao's back, causing Zhao Xiao to fall down the steps. According to the footage taken by the surveillance, when Zhao Xiao fell down the steps, Li Bao was kneeling on the ground, and it was impossible to push Zhao Xiao's back. There is no credibility in eyewitness testimony.
Li Bao didn't remember whether he had physical contact with Zhao Xiao at that time, and he couldn't be sure. Police witnesses attended, they explained the limitations of the surveillance, and then simulated the situation of Zhao Xiao falling down the steps, and could not rule out the possibility that Li Bao grabbed Zhao Xiao's legs, causing him to fall down the steps. Under Lu Yihang's questioning, the police said that they could not prove that it was not Zhao Xiao who stumbled and fell down the steps.
In the end, the court released the suspect Li Bao in court due to insufficient evidence.
Just a few days ago, Zhao Xiao died, and Li Bao hanged himself, leaving a suicide note. It was written in the suicide note that in order to keep Zhao Xiao, he knelt on the ground and grabbed Zhao Xiao's calf, causing Zhao Xiao to fall down the steps. If that's all there is, then Lu Yihang is at most a big trouble in the second case, because the prosecution suspects that it made the defendant lie in court.
Part of the suicide note says that he hates his lawyer and hates his face. But in order to get away with the crime, he could only fully cooperate with the lawyer, for which he felt deep guilt and remorse. Zhao Xiao is his life, Zhao Xiao is gone, and he doesn't want to live anymore, so he chooses to commit suicide.
Linking the suicide note as a whole, it is easy to come to a conclusion: Li Bao explained to Lu Yihang that he knelt on the ground and grabbed Zhao Xiao's calf, causing Zhao Xiao to fall down the steps. Lu Yihang asked him to ignore this detail. Lu Yihang deliberately concealed and instigated witnesses to conceal the facts while knowing the facts, and was suspected of instigating the crime of fabricating perjury.
Cao Yun looked at the copy of the handwritten suicide note, saying that it was a bit far-fetched for Lu Yihang to instigate Li Bao to commit perjury, but a big problem can be read in the suicide note, charging low lawyer fees Lu Yihang successfully helped Li Bao get rid of the crime, but Li Bao hated him instead, which is very unreasonable, and it seems to prove that Lu Yihang made him lie.
It's hard to say now, because Li Bao must have a confession, a transcript, as well as police investigation reports in all aspects, trial materials, etc. Cao Yun has not come into contact with these, and his understanding of the case is also Wei Jun's explanation. Now Cao Yun can only intervene and investigate this case after being contacted by Lu Yihang and issuing a power of attorney.
Lu Yihang chose to defend himself, and self-defense was a choice for the defendant. The defendant is not required to have any legal experience or a diploma of knowledge. Usually civil cases are mostly civil cases, and in the case of many lawyers, very few people will choose to defend themselves.
In criminal cases, in addition to court arguments, it is more important to collect information and evidence. As a defendant who has been judicially controlled, there are great constraints on his self-defense. At the same time, self-defense is also an effective means for the defendant to protect his own interests. For example, if a lawyer is not responsible or an unqualified lawyer dispatched by legal aid, the defendant may request to defend himself in court. In addition, the defendant also has the right to temporarily terminate the trial due to the lawyer's disqualification.
Lu Yihang was already well aware of the case, and the evidence of Li Bao's death scene and suicide note was collected by his agent Wei Jun and handed over to Lu Yihang. Once a suspect decides to defend himself, he or she can gain greater freedom in custody. Even so, there is a limit on the number of phone calls and the number of calls per day, as well as on the number and time of visitors.
Cao Yun accompanied Wei Jun to send materials to Lu Yihang, explaining the characteristics of self-defense during the period. It is usually not possible to find a suitable lawyer before considering self-defense. Lu Yihang took this case as a challenge, he knew that he was innocent, can an innocent person clear his innocence through self-defense?
Due to the seriousness of the judicial personnel's violation of the law, the prosecutor Sima Luo, who was originally in charge of the Xiaoshi case, and Wang Lei were transferred. Wang Lei is in charge of the Xiaoshi case, and Sima Luo is in charge of the Lu Yihang case. Due to Lu Yihang's arrest, the Xiaoshi case fell on Cao Yun. Cao Yun originally wanted to give Wei Jun a chance to exercise, but Bai Ru opposed this proposal, and Bai Ru had to consider his own face. My commitment to the Anti-Suicide Alliance is not doing my best. Lu Yihang is famous, and even if he loses, he can explain the past. Wei Jun is a rookie, even if he wins the lawsuit, everyone will not feel Bai Ru's sincerity.
In this case, Cao Yun could only take over the Xiaoshi case.
After careful preparation, the Xiaoshi case was opened.
……
The court went through the process, and Wang Lei first explained the situation of the Xiaoshi case, Xiaohua jumped off the building, Xiaoshi coaxed, and Xiaoshan slab bricks slapped Xiaoshi.
Wang Lei: "According to the judicial experiment report, the first evidence presented in the court shows that under the circumstances at that time, it was impossible for Xiaohua to hear Xiaoshi's coaxing words clearly. And because the visual angle is very small, it is impossible for Xiaohua to recognize the body movements of the lively crowd downstairs. According to the surveillance, Xiaoshan and Xiaoshi said some words, Xiaoshan squeezed out of the crowd, got the bricks on the side of the road, returned to the inner circle of the crowd, and slapped the bricks on the back of Xiaoshi's head, this process lasted for 12 seconds, which can eliminate Xiaoshi's excitement and hurtful emotions. It is clear that Xiaoshan is attacking Xiaoshi with a purpose. ”
Wang Lei: "According to the police confession, Xiaoshan admitted that he was very annoyed by Xiaoshi's words, so he basically ruled out the emotion of attacking Xiaoshi in order to save Xiaohua. So in fact, it was Xiaoshi who annoyed Xiaoshan, which caused Xiaoshan to attack Xiaoshi. So the prosecution charged Xiaoshan with intentional injury causing death. ”
After the prosecution has explained its case, the defense will present its point.
Cao Yun: "Hello everyone, I am Cao Yun, the lawyer of the defendant Xiaoshan. Let's first look at the prosecution's offence of intentional injury causing death. ”
Cao Yun: "The first question, did Xiaoshan cause Xiaoshi's death? Exhibit No. 2 is the report of four professors of Dongtang Medical University, vice president of the First Hospital, and a famous cranial expert. After carefully reading the CT scan of Xiaoshi's brain before the operation, they believed that there was a huge medical fault in the Second Hospital. ”
Cao Yun: "According to the report, according to the CT report and the patient's condition, intracranial hemorrhage did not pose a direct threat to Xiaoshi's life, and the skull fracture did not pose a threat to Xiaoshi's life. In this case, the hospital has a lot of time. According to normal medical treatment, craniotomy is a huge risk, and it must be comprehensively examined and diagnosed, and a team of experts composed of more than three experts can decide on the specific method of surgery to minimize the risk of the patient. ”
Cao Yundao: "The third evidence, I compared the data of craniotomy in patients with cerebral hemorrhage last year and the year before last. The standard for big data in the industry is 10-20% mortality. The mortality rate for craniotomy in patients with intracerebral hemorrhage was 5% in the first hospital and 15% in the second hospital. Hospital No. 2 should have known that the technical resources for craniotomy were relatively weak, and even so, they performed craniotomy without a full examination. The explanation is that the Second Hospital killed Rock, and Hill killed Rock. ”
Cao Yun used two steps to explain the problem, the first step is that Xiaoshi's injury does not threaten Xiaoshi's life, and there is no need to rush to surgery. In the second step, because of the urgent operation in the Second Hospital, Xiaoshi died.
Wang Lei: "I applied to the attending doctor, Quartz, to testify in court. ”
……
Quartz explained the situation at the time, and he first admitted that a comprehensive examination had not been carried out in accordance with the procedure, but he explained that a targeted examination had been carried out for the operation. The point is whether Xiaoshi had to have surgery at that time, and whether the doctor was at fault.
Quartz said: "I met with Xiaoshi's parents at that time and gave two plans. The first plan is to observe the patient's condition first, conduct a comprehensive examination of the patient, including blood tests, urine tests and dozens of other tests, and then perform surgery on the patient. But it will take a few days, and my biggest concern is that Xiaoshi's injury will worsen at night, when there is a lack of emergency surgery, which may cause consequences that some families do not want to see. ”
Quartz said: "It is true that the examination report believes that the intracranial hemorrhage at that time will not endanger Xiaoshi's life. But intracranial hemorrhage is dangerous. The brain is the most complex organ in humans, and there is no guarantee that the condition will not worsen. In addition, Xiaoshi's blood pressure is 15% higher in both low and high pressure, which is also the focus of treatment for patients with intracranial hemorrhage. ”
Quartz said: "The second plan is to conduct a partial examination for the needs of the operation, and the operation can be performed in the afternoon of the same day. It must be noted that there are two hemangiomas in the small stone brain, and because of the joint attack of complications such as blood pressure, it may lead to the rupture of the hemangioma and cause irreversible consequences. After I explained it carefully and in detail, Xiaoshi's parents chose to sign for the operation. ”
Quartz said: "Craniotomy is very complicated, and it is also very controversial in the industry, mainly because of the sequelae rather than the survival rate, and the mortality rate does not represent the failure rate of the operation. Big data blames craniotomy on patients who die as a result. It is important to know that the deterioration of intracranial hemorrhage is not predictable and has the characteristics of rapid deterioration. ”
Quartz: "It's a pity that Xiaoshi passed away. The reason for the failure of the surgery was that Xiaoshi's blood pressure was much higher than we predicted. Xiao Shi is a patient with high blood pressure and took medication to control his blood pressure the day before the incident. The blood pressure we measured was wrong. Before the operation, I and another doctor asked Xiaoshi's parents three times if Xiaoshi had high blood pressure, Xiaoshi's parents did not live with Xiaoshi, and they did not know Xiaoshi's condition, so they answered no. ”
Quartz: "The medical records on the Internet did not find Xiaoshi's history of allergies and hypertension. So...... During the operation, the tragedy of a blood vessel bursting occurred. I regret this, I am now under investigation by the medical department, the patient died, and I am definitely responsible. ”
Wang Lei asked: "In fact, you can choose a more secure observation and comprehensive examination before surgery?"
Quartz replied, "Yes." ”
Wang Lei: "How much money do you make for this surgery?"
Quartz replied: "7% of the commission, the cost of Xiaoshi surgery is about 10,000, and 700 commissions." Seven hundred includes the commission of nurses, anesthesiologists and others, and I am the chief surgeon, so I can take a commission of three hundred and fifty yuan. The 7% commission is already very high. ”
Wang Lei: "For three hundred and fifty yuan ......"
Quartz: "Of course, I can't convince my family to have surgery for 350 yuan. I had two surgeries that day, one of which cost $50,000. Because I know more about cranial surgery, another doctor will perform the 50,000 yuan operation, and I will be in charge of Xiaoshi's surgery. ”
Wang Lei: "You lost?"
Quartz: "As far as money goes, yes. But I don't really care about the commission. It is said that it is a commission, but it is actually a subsidy, and the higher the cost of the operation, the more fortunate it is. ”
Wang Lei: "Dr. Shi, your record is very beautiful, in your 25-year medical career, you have done countless surgeries, and even one day there are eight records. This is perhaps the first medical record of death. ”
Quartz replied, "No, it's the third case, it's all documented in the report." ”
The boy's wings hardened, and Wang Lei's questioning began to have skills. As Quartz said, it was recorded in the report, but Wang Lei deliberately said the mistake, and Quartz corrected the mistake, showing Quartz's character in front of the jury. Quartz's character is important, and if the doctor was not negligent, Koishi's death would have been blamed on Kohishi.
It was not that Wang Lei was prescient, Cao Yun had already stated in the pre-trial that he did not agree to intentional injury causing death, and Wang Lei had plenty of time to collect information. The quality of the doctors in the second hospital is good, and Quartz is a famous doctor with real money, and he will not be caught by Cao Yun.
Cao Yun applauded Wang Lei in his heart, fortunately, fortunately. However, the hospital is only a battlefield for Cao Yun's tentative attack, and Cao Yun's main battlefield is not in the hospital. If Wang Lei didn't defend the hospital's position at all, Cao Yun would take it directly unceremoniously. Now it seems that Wang Lei has made great progress.
The judge said, "Please ask the defense lawyer to question the witnesses." "The witness is examined first by the party giving the evidence and then by the other party.
Cao Yun stood up: "What Doctor Shi said is very good, I agree with it." But I have a small question, does the hospital negotiate with Xiaoshi's parents on the issue of compensation?"
Quartz: "I don't know very well, but it is said that the lawyer at the hospital has been in contact with Xiaoshi's parents. ”
Cao Yun said: "In other words, the hospital knows that it is responsible?"
Quartz: "No, I've made it clear......"
Cao Yun: "The hospital is not responsible, why did it take the initiative to contact Xiaoshi's parents?" For example, the house price has dropped, resulting in the dissatisfaction of the owners who have purchased the house. They would pull up banners at the sales office: Give me back my hard-earned money. As soon as there are many people, it is basically solved. Dongtang is different, if you obstruct the normal order of the sales office, you will be driven away or even arrested by the police. As for the rights and interests that have been infringed, you can resolve them through legal means.
Housing prices have fallen, and owners who have purchased houses have defended their rights, and it is estimated that there is only one Gaoyan in the world. Strictly according to the law, this is a lawless act of the government to protect the interests of illegal personnel and coerce enterprises with their rights.
Now that Xiaoshi died due to surgery, the hospital believes that it is not responsible and can provide humanitarian subsidies, but it must not negotiate compensation with the patient. Compensation means that the hospital is at fault.