Zhang Lianghan held his chin and looked at Li Chao talking eloquently, and he was also uneasy in his heart. The verdict of this case is of great significance to him.

Zhang Lianghan has been practicing for more than ten years, and if he loses in the hands of Li Chao, a junior, one after another, he feels that his face is dull.

Director Hu looked at Li Chao's confident face, couldn't sit still anymore, and asked uneasily: "Lawyer Zhang, how will this case be judged?" Do we have a big chance of winning? ”

Zhang Lianghan's heart was anxious, but in front of the client, he remained silent, continued to maintain the confident and calm demeanor of a successful lawyer, and said calmly: "Director Hu, in this case, Zou Meilian's losses are really nothing to say, we should pay for it." ”

However, it is nonsense that the plaintiff has to go so far as to propose compensation for sexual welfare rights. Compensation for sexual welfare must be denied. ”

Director Hu shook his head unwillingly, glanced at Li Chao and them, and muttered: "This lawyer is really good at tossing, what else do you need for sexual welfare compensation, dreaming!" No matter how rich the hospital is, it won't be cheap for nothing! ”

Time passed in anxious waiting, and the members of the collegial panel finally re-entered the courtroom.

The courtroom fell silent in an instant, and both sides sat up straight, their eyes fixed on the presiding judge.

The gavel sounded, and the presiding judge solemnly announced, "Now that the trial is resumed, this collegial panel has made the following determinations after collegial deliberation of the facts, evidence, and debate opinions of both parties in this case: The first, second, and third sets of evidence submitted by the plaintiff are to be confirmed and admitted. With regard to the fourth set of evidence judicial appraisal opinions submitted by the plaintiff, the defendant indicated that it wanted to apply for a new appraisal, and this court held that the defendant did not submit the application within the prescribed time limit for presenting evidence, and although the appraisal was commissioned by the plaintiff itself, there was no obvious error, which this court affirmed. ”

Hearing that the court did not support the defendant's application for re-evaluation, Zou Meilian and Deng Zhihui looked at each other and smiled. Li Chao was very indifferent, Yang Yifeng and they have always been fair, they made this disability report impartially, the disability level does constitute level nine, the court confirmed the original facts, Li Chao felt that this was a matter of course.

Zhang Lianghan's expression was stunned, and he applied for re-appraisal during the trial, which is a consistent delaying tactic, and the general court will not seriously refuse, but it is surprising that the court rejected the application in this case.

Director Hu's face was ugly, and he only felt that his side had lost for a while. He let out a long sigh and glanced at Zhang Lianghan with resentment.

The presiding judge continued to issue a collegial opinion, "With regard to the fifth set of evidence submitted by the plaintiff, because this case is a dispute over liability for medical damages, and the sexual welfare lawsuit does not fall within the scope of this case, this court will not review and confirm the fifth set of evidence. ”

When Li Chao heard this, Lang's eyes flashed, it was bad, the situation didn't look good. The joy on the faces of Zou Meilian and Deng Zhihui disappeared, and they turned to look at the presiding judge solemnly and listen carefully.

When Zhang Lianghan heard this, his originally clenched fist couldn't help but loosen, a smile climbed up Yan Sù's face, and he happily stretched out his right hand to gently wipe the sweat on his forehead. Listening to the presiding judge's meaning, it is obvious that the sexual welfare lawsuit will not be supported, and the victory is in sight!

"The first set of evidence submitted by the defendant was not confirmed because it could not be confirmed whether the scissors belonged to the same type of surgery. With regard to the second set of evidence submitted by the defendant, the plaintiff Zou Meilian did return to her hometown in southern Hunan for a reunion during the Spring Festival, but it did not affect her continuous residence in Shenpeng, so this set of evidence was not confirmed. ”

The presiding judge did not accept the evidence submitted by the defendant, which means that the plaintiff Zou Meilian's losses were calculated according to the standard of urban residents in Shenpeng, and the hospital was fully liable for compensation.

Zou Meilian and Deng Zhihui couldn't help but be shocked, how difficult it was to ask for compensation, not because of the ruthlessness of the hospital, Deng Zhihui, who was born in the countryside, would not go to court to sue the hospital. Now the court is supporting their activism, which makes the young couple excited.

Director Hu continued to mumble dissatisfiedly: "This Xiangnan Laozi is really calculated according to the standard of Shenpeng urban residents, and they are cheaper." ”

Soon entered the stage of fact-finding, and both sides gathered their minds and listened carefully with bated breath.

"After the trial, it was ascertained that the plaintiff, Zou Meilian, was a native of Hengyang, Hunan Province, and that she had worked and lived in Shenpeng for three consecutive years. At about 6 p.m. on December 27, X, the plaintiff Zou Meilian was admitted to the defendant's place for delivery due to abdominal pain at 42 weeks of pregnancy, and at 7 p.m. that night, when the plaintiff gave birth, the doctor used the Yin lateral incision surgery to assist in delivery, and during the operation, he accidentally let the instrument penetrate the rectum from the Yin Dao, causing Zou Meilian to understand the Yin Dao and the rectum. ”

"At that time, the plaintiff was not aware of the matter, and when he later released the stool, the stool flowed out of the yin tract, and the plaintiff immediately reported the matter to the defendant and asked for the matter to be dealt with. An examination by the defendant's obstetrics and gynecology department found that there were two wounds between the plaintiff's tract and rectum, one of which was through. The doctor injects water from the anus, and the water flows through the hole into the yin channel. ”

At the strong request of the plaintiff, the defendant performed a rectal impotence repair at 9 o'clock that night, and the postoperative examination found that it failed. At about 10 o'clock that night, the plaintiff was transferred to the Shenpeng Municipal People's Hospital, where he underwent anal impotence and suture scanting under routine operation, and after 10 days of hospitalization, the rectal impotence had healed, but the plaintiff's perineum was about the size of a sesame seed at a distance of 2CM from the anus, and the hole was probed with a probe to reach the rectal mucosa, located above the anal sphincter, and saline was injected from the anus, and it was seen that the liquid overflowed from the hole. On January 12, X, the Shenzhen Peng Yingzheng Judicial Appraisal Center assessed that the plaintiff Zou Meilian's injuries constituted a ninth-grade disability. The plaintiff failed to negotiate with the defendant for compensation, so he filed a lawsuit with this court. ”

Zou Meilian shed tears while listening, but the simple words of the presiding judge were her history of blood and tears. I was full of joy to have a child, but I didn't want to encounter such an unfortunate thing. The good and good Tianding import joy has fallen into a tragedy, which is really impermanence in life.

Deng Zhihui was also in a heavy mood, leaning back on the chair, with a straight face, pursing his lips and not speaking.

Li Chao looked at the sad appearance of the husband and wife, and sighed slightly in his heart, it is indeed unlucky enough for the young couple to have such a thing, and all he can help them is to get the compensation they deserve.

In fact, when such a thing happens, the victim is willing not to compensate, as long as he is in good health, but when it happens, it is irreparable, and he can only swallow the bitter fruit.

Director Hu, the representative of the hospital, is still complaining, "According to the standard compensation for urban residents in Shenpeng, our hospital has lost a lot of money, and those two scoopers have taken shit luck, but they have multiple holes in their bodies, and they have squeezed hundreds of thousands of dollars from our hospital." ”

The butt decides the head, the positions are different, and the perceptions of the two sides are decidedly different.

There is no room for too much lamentation on both sides, and it has entered the critical stage of court ruling.

"This court believes that the health of citizens is protected by law, and the plaintiff should receive safe and secure treatment and care when he gives birth to the defendant, and the defendant failed to fulfill its duty of care in the process of performing the operation for the plaintiff, resulting in the injury of the plaintiff Zou Meilian, and the defendant was at fault during the operation. Therefore, the defendant should be fully liable for the plaintiff's damages. ”

In the general rules of evidence, "whoever asserts shall bear the burden of proof" is the general principle of the allocation of the burden of proof, and the reversal of the burden of proof is an exception to this principle.

The reversal of the burden of proof in medical malpractice means that the hospital must provide evidence to assert that it was not at fault in the accident, and if it cannot provide evidence, then it is presumed to be at fault.

In this case, according to the principle of reversal of the burden of proof, the hospital had no evidence to prove that it was not at fault and that the plaintiff was at fault, and the court held that the defendant was fully liable for compensation.

Zou Meilian nodded excitedly with tears in her eyes. Before, the hospital shirked its responsibility in every possible way and refused to admit that it wanted compensation, which made her heartbroken, but now the court finally supported her, which made her feel a lot of emotion.

Li Chao handed over a tissue and comforted softly: "Fairness and justice will not be absent, and the hospital will pay the due price for its mistakes." Be optimistic and look forward, life will get better and better! ”

……

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