Zhang Lianghan took a deep breath, and then said loudly: "Honorable presiding judge and people's assessor, as the entrusted agent of the defendant X Hospital, I will briefly reply as follows. ”

"First, the defendant X Hospital was only at fault for the medical accident in this case, and should bear part of the responsibility, but not all of the responsibility. The two holes in the mucosa of plaintiff Zou Meilian were not pierced by the doctor with scissors, but accidentally cracked with needles and threads during the operation. ”

"Second, the plaintiff Zou Meilian herself should be primarily responsible for the occurrence of the medical malpractice. The plaintiff's own constitution was peculiar and would be too thin, so as soon as the needle and thread were hung on the mucosa, a wound hole was produced. The occurrence of medical malpractice is related to the plaintiff's own constitution, and he should bear the main responsibility. ”

"The third is that the plaintiff Zou Meilian's claims are too high. The plaintiff, Zou Meilian, was registered as a rural resident of Xiangnan Province, and Shenpeng was not her habitual place of residence, so the loss could not be calculated according to the standard of urban residents in Shenpeng, but should be calculated according to the standard of rural residents in Xiangnan Province. ”

"The third is that the plaintiff Zou Meilian's claim for solatium for mental damages is too high, and she can only compensate 20,000 yuan at most for her ninth-grade disability, and the plaintiff's claim of 50,000 yuan does not conform to the actual situation."

Fourth, the plaintiff Deng Zhihui has no right to claim compensation for sexual welfare. The law does not explicitly stipulate sexual welfare, and sexual welfare is still only an academic concept. There is absolutely no legal basis for his claim for compensation for sexual welfare, and he asks the court to dismiss it. ”

"To sum up, we request the court to verify the losses of the plaintiff Zou Meilian in accordance with the law, and divide the responsibilities according to the four or six openings, and we should only bear 40% of the liability. In addition, the court was requested to dismiss the plaintiff Deng Zhihui's claim in accordance with the law. ”

Zhang Lianghan is worthy of being a barrister who has been famous for many years, and he refutes Li Chao's views one by one.

When Zhang Lianghan was replying, Zou Meilian couldn't help but interject several times, and Li Chao hurriedly comforted her softly, "When we express our opinions, abide by the court order and don't intervene at will." ”

After Zhang Lianghan finished his defense, Zou Meilian looked solemn, lightly touched Li Chao's hand, and asked nervously: "The other party's lawyer has too much mouth, can we win this lawsuit?" ”

Li Chao gave Zou Meilian a smile and said softly: "It's not who says loudly, the court will support whom, the court is based on facts and the law as the criterion." ”

The presiding judge made a preliminary summary, "According to the content of the speeches of the prosecution and defense, the focus of the dispute in this case is summarized as: 1. Who bears the responsibility for the personal injury of the plaintiff Zou Meilian, and whether she is responsible; 2. Whether plaintiff Zou Meilian's losses can be calculated according to the standards of urban residents in Shenpeng; 3. How much solatium should be paid for plaintiff Zou Meilian's mental damages; 4. Whether the compensation for the plaintiff Deng Zhihui's sexual welfare rights is legal. Do the parties agree on the main point of dispute in the induction? ”

Li Chao and Zhang Lianghan replied successively: "Agreed." ”

The trial continued, and "the parties present and debate evidence on the focus of the dispute in this case and their respective claims." First, it is up to the plaintiff to present evidence. ”

Li Chao immediately took out the list of evidence and said confidently: "We have submitted a total of five sets of evidence. The first set of evidence is the medical records of the plaintiff Zou Meilian obtained from Hospital X after giving birth, from which it can be clearly seen that the hospital did not record the preoperative discussion before performing the lateral resection surgery, which proves that the hospital was not at fault for carrying out the lateral resection procedure, which was not fully studied. ”

"The second set of evidence is Zou Meilian's surgical records, medication lists, and disease certificates, which prove that after the medical accident, the plaintiff Zou Meilian underwent a second operation and was hospitalized in Shenpeng People's Hospital for 10 days before repairing the wound."

"The third set of evidence is the plaintiff Zou Meilian's work certificate, salary certificate, rental contract, and residence certificate issued by the landlord and neighborhood committee, which prove that the plaintiff has been working, living and living in Shenpeng for three years, and that the plaintiff should calculate the loss according to the standard of urban residents in Shenpeng."

"The fourth set of evidence is the disability appraisal report, which clearly states that 'a hole about the size of a little finger can be seen at a distance of 2CM from the anus of Zou Meilian's club, and the hole is probed with a probe, reaching the rectal mucosa, located above the anal sphincter, and saline is injected from the anus, and it can be seen that the liquid will overflow from the hole', proving that the plaintiff Zou Meilian's injuries constitute a ninth-grade disability, and the hole in the plaintiff Zou Meilian's lower body strictly affects her own life and the sex life of the husband and wife, and the plaintiff Deng Zhihui's request for compensation for sexual welfare is reasonable and legal."

"The fifth set of evidence is the recording area, in which the plaintiff Zou Meilian recorded the conversation between her and Deng Zhihui on the issue of the wounded hole with her mobile phone, in which Deng Zhihui expressed his sensitivity to the hole and his sexual performance was greatly reduced, proving that the plaintiff Deng Zhihui did reduce the sexual happiness index due to the hole left behind, which affected the harmony of the couple's sexual life."

The evidence cited by Li Chao was sufficient, and the content he wanted to prove was also very clear, Zou Meilian nodded again and again, and the observers who were allowed to enter the trial scene also nodded again and again.

"The bailiff on duty handed over the evidence presented by the plaintiff to the defendant, and the defendant cross-examined it."

After Zhang Lianghan got the evidence, after reading it one by one, he shook his spirit and loudly expressed his cross-examination opinions: "There is no objection to the authenticity and legitimacy of the first set of evidence, but there is an objection to the relevance. ”

"There is no objection to the authenticity, legitimacy, or relevance of the second set of evidence."

"There is no objection to the authenticity and legitimacy of the third set of evidence, but we would like to point out that it is clear from the work certificate that the plaintiff Zou Meilian will take a vacation home for the New Year during the Chinese New Year every year, and she does not continue to live in Shenpeng, and Shenpeng is not her usual place of residence, so naturally the loss cannot be calculated according to the standard of urban residents in Shenpeng."

"With regard to the fourth set of evidence, the disability appraisal was unilaterally commissioned by the plaintiff and is not legal. His disability level does not constitute a grade 9 disability, and we require an application for re-evaluation. ”

The application for re-appraisal was made only now that the trial had already been held, which was obviously a delaying tactic and delaying the time of the litigation process in order to achieve the purpose of delaying compensation.

"As for the fifth set of evidence, it is a unilateral recording of the two plaintiffs, and its authenticity cannot be determined, and we have reason to suspect that the two deliberately recorded it according to the script, so it does not have probative effect."

Zhang Lianghan denied the evidence provided by Li Chao one by one. Director Hu of the Department of Obstetrics and Gynecology, one of the entrusted agents of X Hospital, nodded again and again after hearing this, his face was happy, and his heart was secretly refreshed, "Lawyer Zhang is so capable of speaking, he has argued everything with one mouth." ”

Zou Meilian pouted angrily when she heard this, this is obviously ironclad evidence, how can Zhang Lianghan be able to die and say that he is alive, why don't he approve of it?

"Now it's up to the defendant to present the evidence."

Zhang Lianghan immediately took out a stack of evidence and glanced at Li Chao excitedly. Zhang Lianghan had prepared sufficient evidence before the trial and was waiting for the trial to be presented.

Zhang Lianghan firmly believes that in the face of these evidences, Li Chao will definitely not be pleased!

…… Good morning everyone, collect a lot of friends who have passed by! Thank you!