Li Chao's words were loud, and the temporary raid on Hospital X proposed a re-evaluation, and Li Chao was completely aware of their sinister intentions.

Li Chao continued to express his opinion loudly: "The defendant X Hospital has received the evidence and judicial appraisal opinions provided by us before the trial, and the court has also given the defendant a corresponding time limit for presenting evidence. ”

"In accordance with Article 25 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, a party's application for appraisal shall be submitted within the time limit for presenting evidence. The defendant did not file an application for a new appraisal of the judicial appraisal opinion within the time limit set for presenting evidence before trial. ”

"The sudden filing of an application for re-appraisal at the time of the trial constitutes a surprise attack on evidence and attempts to achieve the purpose of delaying the payment of compensation. Therefore, we request the court to reject the plaintiff's application for reappraisal in accordance with the law. ”

Li Chao's words happily exposed the intentions of the hospital and defended the application of Hospital X, and Zou Meilian and Deng Zhihui were very relieved to hear it.

"Next, as the entrusted agent of plaintiffs Zou Meilian and Deng Zhihui, I would like to express the following arguments. First, the plaintiff's losses were reasonable and lawful. The plaintiff is an employee of Shenpeng who has been working and living in Shenpeng for three consecutive years, and he lives in Shenpeng Pass, and his work and living expenses are also in the main urban area of Shenpeng, so he has every basis to calculate his losses according to the standards of urban residents in Shenpeng. ”

"The medical expenses in the various losses are proved by official bills. Lost time pay is based on the plaintiff's wage rate multiplied by the number of days of hospitalization of 10 days. Nursing fee, the salary standard of Shenpeng nursing staff multiplied by the number of days of hospitalization is 10 days. The hospital meal subsidy and nutrition fee are both 50 yuan/day, multiplied by 10 days. For transportation expenses, we have collected some transportation tickets, and most of the tickets have not been collected, so we will request 800 yuan as appropriate. ”

"The solatium of 50,000 yuan for mental damages is considered too high by the defendant, and we think it is reasonable. Because of the defendant's medical negligence, the plaintiff's personal injury, especially the horrific wounds left on the lower body, had a long-term adverse impact on Zou Meilian's future life, and also affected the couple's sex life, and had a severe impact on the couple's relationship between the two couples. Plaintiff Zou Meilian's claim for 50,000 yuan for moral damages was entirely appropriate. ”

"The fault for the occurrence of medical malpractice in this case lies entirely with the defendant. The plaintiff, Zou Meilian, went to the hospital to give birth and passively underwent the midwifery surgery, without any fault of herself. Therefore, the defendant should compensate the plaintiff Zou Meilian for all losses, totaling 263783 yuan. ”

"The second is that plaintiff Deng Zhihui's request for sexual welfare should be supported. Plaintiff Deng Zhihui is the husband of plaintiff Zou Meilian. Plaintiff Zou Meilian suffered a third hole in the private part of her lower body due to medical negligence in the hospital, which affected the sexual interest of the husband and wife, reduced the quality of the couple's sexual life, and damaged Deng Zhihui's right to sexual well-being. ”

"We know that sexual rights are an integral part of the personal rights of citizens, and they are also the essential requirements of the marriage relationship, and that the sex life between husband and wife is both a right and an obligation to each other."

"Spousal rights have been affirmed and detailed in the Tort Liability Law, which means that sexual welfare rights are a basic right of both husband and wife and have their legal basis. Defendant X Hospital's medical negligence led to Zou Meilian's personal injury, and there were unspeakable holes in her lower body, which affected the sex life of the husband and wife, and Deng Zhihui's sexual welfare rights were infringed, and he proposed compensation of 80,000 yuan for sexual welfare rights on this basis, which was completely reasonable and legal. ”

"To sum up, I request the court to support our claims in accordance with the law!"

Li Chao, with an invincible domineering spirit, elaborated on his debate opinions. Hearing this, the two female people's assessors nodded again and again, and their eyes were a little red, obviously sympathizing with what happened to Zou Meilian and Deng Zhihui.

"The defendant made the first round of arguments."

Zhang Lianghan was under a lot of pressure, and Li Chao's words became more and more sharp, first refuting and re-appraising, and then fully explaining the plaintiff Zou Meilian's losses, especially the part of the solatium for mental damages, and then expounding the legal basis for sexual welfare, it can be said that winning the lawsuit seems to be a matter of course.

But so what? Zhang Lianghan secretly encouraged himself, he couldn't lose this case. has lost to Li Chao once before. We can't lose again this time, otherwise, even a novice lawyer can't win, what's the face?

Zhang Lianghan took a long breath, his face was high, and he responded loudly: "First of all, we will give necessary explanations to the reappraisal application. The plaintiff's judicial appraisal opinion was made by the plaintiff on its own unilaterally entrusted by the appraisal agency before the lawsuit was filed. ”

"According to article 28 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, if one party entrusts a relevant department to make an appraisal conclusion on its own, and the other party has sufficient evidence to refute it and applies for a new appraisal, the people's court shall allow it. It can be seen that we have every right to apply for re-appraisal. ”

"As for our application for re-appraisal in court, this is also in accordance with the relevant procedural provisions of the law and is completely legitimate. Therefore, we request the court to accept our application for re-appraisal. ”

Zhang Lianghan said it confidently, and the more he talked, the more he found his feelings.

Zhang Lianghan then continued with great righteousness and awe: "We will make the following arguments again. First, the plaintiff Zou Meilian should bear 60% of the responsibility for the occurrence of the accident, and we should only bear 40% of the responsibility. ”

"The doctor did not use scissors to pierce the mucosa of the plaintiff Zou Meilian during the operation, but the needle and thread accidentally hung on her mucosa. It can be seen that the main cause of the accident was the special constitution of the plaintiff, who should bear the main responsibility, that is, 60% of the responsibility. Although we are negligent, we are not responsible for much and should only bear 40% of the responsibility. ”

"Second, the plaintiff Zou Meilian's losses can only be calculated according to the standards of rural residents in Hunan Province. Zou Meilian leaves Shenpeng every year during the Spring Festival and returns to her rural hometown in Xiangnan Province to live for half a month to a month. This constituted an interruption in the period of residence, and each time he returned home, he had to recalculate the time he lived in Shenpeng. Based on this calculation, although Zou Meilian has lived in Shenpeng for more than three years, her continuous residence time has not reached more than one year, so the loss should be calculated according to the rural standards of Xiangnan Province. ”

"The third is that the plaintiff Zou Meilian's mental injury solatium of 50,000 yuan is too high. The plaintiff, Zou Meilian, only left a small hole in her body in this accident, which was only a minor injury and did not have much impact on her own health and life. ”

"Zou Meilian said that it is not easy to control the stool, and it is not a very pleasant experience for everyone to solve the stool, which is a very normal reaction. The plaintiff also said that it would affect the life of the couple, but Zou Meilian is now in the confinement period, and she and Deng Zhihui have not had married life at all, so it is really ridiculous to judge that it will affect the sex life. Therefore, we believe that the plaintiff Zou Meilian's demand for solatium for mental damage is too high, and it is appropriate to pay 10,000 yuan at most. ”

Finally found the feeling, Zhang Lianghan doesn't care whether the words are strong or not, anyway, the more he talks, the more he feels, and the more he talks, the more excited he becomes!

……

Thank you for the 100 tip ∴ no tears. Today, Qianjun went to the bamboo forest and pulled out 2 sacks of bamboo shoots, which was very pleasant, and I ate fried bacon with bamboo shoots in the evening, which was particularly crispy. Beautiful spring, I wish everyone can enjoy a good spring!