Chapter 82 Rejection of Re-appraisal
Zhang Lianghan glanced at Li Chao proudly when he asked. He has grasped the biggest loophole in Li Chao's argument, Zou Meilian and Deng Zhihui have not lived a married life at all, how can they affect the sex life of husband and wife, and how can they say that sexual welfare rights are violated.
Director Hu of the Department of Obstetrics and Gynecology sat in the defendant's dock, and also showed a contemptuous smile, this question hit the nail on the head, and the plaintiff should not be able to answer.
Zou Meilian opened her mouth, not knowing where to start. Deng Zhihui's face was flushed, and he couldn't say a word when he was holding his neck.
Li Chao smiled indifferently and refuted unceremoniously: "The defendant has invented a preconceived concept that in order to affect the quality of sexual life, you must first have sex. This is logically untenable, and the wound hole left affects the sex life of the couple, which is an inevitable fact based on the location of the wound, the common sense of the matter, the conclusion of the disability appraisal and Deng Zhihui's reaction to it. ”
"Affecting the true existence of nature is not premised on having a conjugal sex life as the first premise. Therefore, it is legal and reasonable for us to claim compensation for sexual welfare. ”
Li Chao's words were clear and logical, and he responded forcefully to Zhang Lianghan's questioning.
Listening to Li Chao's answer, Zhang Lianghan grinned, let you say it in a daze, the impact has not yet occurred, it has not been produced.
Zhang Lianghan said confidently, "Presiding Judge, our question is over. ”
"Now this court investigates a few questions and asks both parties to answer them truthfully."
"Defendant, is it necessary for every woman to perform lateral incisional midwifery surgery?"
Director Hu hesitated for a moment before replying: "No, it depends on the delivery situation to decide whether to take lateral incision midwifery." ”
"Defendant, what is the basis for you to say that the plaintiff Zou Meilian will be too thin to guide the occurrence of medical malpractice?"
Director Hu didn't know how to answer, but Zhang Lianghan helped to answer: "Zou Meilian's meeting is too thin, which was discovered by the obstetrician and gynecologist during the operation." ”
After Zhang Lianghan answered, he sighed in his heart, it was impossible to reduce the responsibility of the hospital. Originally, there were photos to corroborate, but now the photos are excluded as illegal evidence, that is, there is no evidence at all.
"Defendant, what is the reason for your application for re-appraisal?"
Zhang Lianghan cheered up and replied, "The plaintiff's disability appraisal was unilaterally commissioned by him, and there is no legitimacy. Moreover, the plaintiff's wounds did not affect his ability to work in the slightest, and could not constitute a disability. ”
Disability compensation is compensation for the victim's partial loss of working capacity due to disability. Zhang Lianghan insisted that the wound hole below would not affect Zou Meilian's ability to work, and naturally could not constitute a disability.
"Defendant, have you ever submitted an application for re-appraisal?"
Zhang Lianghan's face turned a little red, and he hurriedly replied: "Not before, but we will submit it immediately after the court." ”
Applying for a reappraisal is a common method used by the defendant in personal injury cases to delay performance. The defendant often submits an application for re-evaluation at the time of the trial, or before the verdict is pronounced after the trial, in which case the litigation procedure must be suspended and the trial can only be resumed after the results of the re-evaluation are available.
The first is to increase the litigation costs of the plaintiffs, and some plaintiffs are unable to move due to their injuries, but have to go because they have to be re-evaluated. The second is to toss the plaintiff and re-evaluate it, wasting the plaintiff's time and energy and rubbing his sharpness. The third is to postpone the payment time. If it takes time to re-evaluate, the trial deadline can be delayed and the time for payment can be set back.
The meaning of X Hospital was to let the plaintiffs Zou Meilian and Deng Zhihui not think about it, and Zhang Lianghan had to follow the instructions of the hospital and come up with the big trick of applying for re-evaluation.
The presiding judge turned to the plaintiff and asked, "Plaintiff Deng Zhihui, what is the basis for you to say that the hole left by Zou Meilian will affect the sex life of the husband and wife?" ”
Deng Zhihui blushed, not easy to answer. Li Chao replied calmly and naturally: "There are wounds in the private parts of the lower body, and the location and size of the wounds have been stated in the judicial appraisal opinion, and the disability appraisal opinion part of the judicial appraisal opinion also clearly stated, "The wound hole will have a long-term adverse impact on Zou Meilian's life and affect the sex life of the couple." ”
"From the location and size of the wound hole, it can be inferred from common sense that it will affect the sex life of the couple. The judicial appraisal opinion also made an appraisal, stating that "the wound hole affects the sex life of the couple". From the perspective of reality, in the submitted recording, we can lightly find that Deng Zhihui did affect his sexual interest because of the injury, and his sexual interest was greatly reduced, and the two affected the relationship between the husband and wife. ”
"Therefore, Deng Zhihui's proposal for compensation for sexual welfare is legal and justified!"
Li Chao said in full detail, reasonable, and well-founded, and Zou Meilian nodded again and again with tears. Deng Zhihui was also flushed with excitement, although he was a little embarrassed to file a sexual welfare lawsuit. However, to be honest, Zou Meilian's injury did make her feel uncomfortable.
His wife was originally as beautiful as a flower, her skin was better than snow, and the two of them were like fish and water between the beds. The Hunan girl is gentle and affectionate, and others envied her before for finding a beautiful little daughter-in-law. But when I went to the hospital, my wife inexplicably had an extra hole, which ruined the scenery and affected the taste. Deng Zhihui was also quite depressed in his heart.
And Li Chao's sharp words were like stabbing a dagger directly into the heart of the defendant, Director Hu's face was gloomy when he heard it, and Zhang Lianghan was also very difficult to deal with, Li Chao's words were really infectious, and people couldn't help but agree.
This concludes the court's investigation. After the court's investigation, the court concluded that the main focus of the dispute between the two parties was whether the plaintiff Zou Meilian's losses were reasonable and legal, and whether the plaintiff Deng Zhihui's claim for compensation for sexual welfare was based on the law. ”
"The plaintiff and the defendant are invited to conduct court debates around the two points of dispute summarized by the court. First, the plaintiff will conduct the first round of court arguments. ”
Li Chao glanced indifferently at Zhang Lianghan and Director Hu, the strategy adopted by Hospital X in the trial was to frame Zou Meilian for the main responsibility for medical malpractice, insisted on not approving Zou Meilian's use of the calculation standard of Shenpeng urban residents, depressed Zou Meilian's mental injury solatium, and overturned Deng Zhihui's claim for compensation for sexual welfare.
Now the first strategy has been completely broken by Li Chao; The second strategy was also strongly refuted by Li Chao; There are only two biggest points of controversy left for Zou Meilian's mental damage solatium and Deng Zhihui's request for compensation for sexual welfare.
Li Chao decided to focus on these two points. In addition, X Hospital tried to make a surprise attack during the trial to re-evaluate the case to achieve the purpose of disrupting the rhythm of the trial, and Li Chao also had to make a strong counterattack.
With the light of wisdom flashing in Lang's eyes, Li Chaoyi expressed his argumentative opinions, "Respected presiding judge and people's assessors, before we express our argumentating opinions, we must first state a special viewpoint. ”
"I request the court to reject the defendant X Hospital's application for disability reappraisal in accordance with the law!"