Zhang Lianghan presented evidence with a little excitement, "I submitted three sets of evidence to the court. ”

"The first set of evidence is the scissors that perform lateral incision." Zhang Lianghan raised a pair of scissors, pointed to the head of the scissors, and said loudly: "You can clearly see that the head of the scissors used for surgery is round, which proves that it is impossible for the scissors to pierce the mucous membrane during the operation, and the hole is because the needle and thread are accidentally hung up." ”

Zhang Liang put down the scissors and took out a few more photos, "The second set of evidence is the plaintiff Zou Meilian's photo of Huiyin, which proves ......"

After Li Chao heard this, he immediately protested loudly: "Objection, the photo issued by Hospital X did not have the consent of the plaintiff Zou Meilian herself, it was taken secretly, which violated Zou Meilian's privacy, and I ask the court to confiscate it and admonish it." ”

Zou Meilian was so angry that her face turned red, and she scolded excitedly: "I never knew that the hospital took the photos below me, BT, I don't even know if I took pictures below!" Shameless! ”

The presiding judge asked, "Defendant, how did you collect the photos you showed?" Did the plaintiff Zou Meilian obtain permission? ”

Zhang Lianghan immediately replied calmly: "Presiding judge, the photos shown by our party were taken during the operation, and the right of our hospital to collect photos was clarified in the surgical risk notice, and the surgical risk notice has been signed and agreed by Deng Zhihui, the husband of the plaintiff Zou Meilian. ”

After the collegial panel circulated it, the presiding judge announced, "The main content of the surgical risk notice is to explain the risks of surgery to the defendant and his relatives, and the authorization to take photographs is mixed in the notice of surgical risk, and the victim has every legitimate reason to say that he did not pay attention to it." The fact that the defendant X Hospital took photos related to the private parts of the plaintiff Zou Meilian without her own authorization is illegal evidence and is excluded by this court, and the defendant X hospital should destroy the relevant photos immediately after the trial. ”

The court unexpectedly concluded that the illegal evidence was not admissible, and the confident Zhang Lianghan was given a slap in the face, his face stiffened, and he nodded reluctantly, "Okay, we will destroy it immediately." ”

"Now submit a third set of evidence, looking down on Kang Company's holiday schedule and the witness testimony of the two landlords, to prove that the plaintiff Zou Meilian will return to her hometown in southern Hunan during the Spring Festival every year and does not live in Shenpeng."

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

After Li Chao reviewed the evidence, he issued a righteous and awe-inspiring cross-examination opinion: "For the first set of evidence, we cannot determine whether the scissors belong to the same type of scissors used in the operation, even if the scissors with a round head were used during the operation, it cannot overturn the fact that the plaintiff Zou Meilian was injured in the midwifery operation of Huiyin, nor can we shirk all the responsibility of the hospital." ”

"There is no objection to the authenticity and legitimacy of the second set of evidence, the holiday arrangement and the landlord's witness testimony, but there is an objection to the relevance. The Spring Festival holiday is a national statutory holiday, and the plaintiff Zou Meilian went home to visit relatives during the holiday, which is a right that employees should enjoy as expressly stipulated in the law. On this basis, the defendant mechanically argued that the plaintiff did not reside in Shenpeng for more than one year continuously when he returned home, which was a wrong or even illegal concept. ”

"In accordance with Article 4 of the Interpretation of the Supreme People's Court and the Supreme People's Court on Application, a citizen's habitual residence refers to the place where the citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of filing a lawsuit, except for the place where the citizen is hospitalized for medical treatment."

"In this case, the plaintiff Zou Meilian has been working and living in Shenpeng for more than three consecutive years, and going home to visit relatives during the Spring Festival is a legitimate worker's right to rest, and does not constitute an interruption of continuous residence, so the plaintiff Zou Meilian's losses should be calculated according to the standard of urban residents in Shenpeng."

Zhang Liang Hanhu listened with a face, and the originally solid evidence was lightly refuted by Li Chao, and his mood was quite bad.

Director Hu of the Department of Obstetrics and Gynecology also had a gloomy face, judging from the key evidence presentation and cross-examination, Hospital X has fallen behind.

"After the statements and defenses of all parties, as well as the presentation and cross-examination of evidence, the facts of the case have been basically clear, and the fact that the plaintiff was injured due to a medical accident and was hospitalized in the Shenpeng People's Hospital for 10 days was confirmed by this court in court. The investigation will not continue, but there are still disputes between the plaintiff and the defendant about the losses listed by the plaintiff Zou Meilian, the proportion of the defendant's liability, and the compensation for the sexual welfare claimed by the plaintiff Deng Zhihui, and the parties can ask each other questions about the dispute. ”

"Does the plaintiff have a question to ask the defendant."

Li Chao immediately asked, "Defendant, is there any relevant basis for your statement that you will perform lateral incision midwifery surgery and do not need to conduct preoperative discussions?" ”

Director Hu replied, "Yes, our consistent practice is that this kind of minor surgery does not require preoperative discussion. ”

The consistent practice does not resist the rules of the system, and it is clear that the hospital procedures are not in place during this operation.

Li Chao continued to ask: "Defendant, do you have any basis for thinking that the hospital only needs to bear 40% of the liability, and the plaintiff Zou Meilian herself must bear 60% of the responsibility?" ”

Zhang Lianghan replied stubbornly: "Plaintiff Zou Meilian's own physique is peculiar, and she will be too thin. Its peculiar constitution is the main cause of damage. ”

Zhang Lianghan said very unconfidently. It is purely a strong argument, the hospital's fault leads to the patient's physical damage, but the patient is falsely accused, and people with a little common sense feel unreasonable.

Zou Meilian was so angry that tears rolled down like pearls, she pointed at Zhang Lianghan and said angrily: "You are talking nonsense!" ”

Li Chao comforted Zou Meilian, reminded her to abide by the order of the court, and immediately replied: "Presiding judge, our questioning is over." ”

"Does the defendant have a question to ask the plaintiff."

Zhang Lianghan sat up straight, moistened his throat, adjusted his state, looked at Zou Meilian and asked, "Plaintiff Zou Meilian herself replied, during your work in Overlooking Kang, will you go back to your hometown in southern Hunan during the Spring Festival every year to celebrate the New Year?" ”

Zou Meilian had tears in her eyes and choked up: "Yes, I can't go home for reunion during the Spring Festival?" ”

Zhang Lianghan nodded with satisfaction when he heard the affirmative answer, and then asked, "Are you in confinement now?" ”

Zou Meilian wiped her tears and said, "Yes, I'm in confinement." Because of this unfortunate thing, I couldn't sit well in confinement, and the child cried every day. ”

Zhang Lianghan's eyes lit up with excitement, and he hurriedly asked: "During the confinement period, the doctor ordered that Jian Yì should not have sex, have you and the plaintiff Deng Zhihui lived a married life?" ”

This question is very sharp and contains evil intentions, Zou Meilian glanced at Li Chao nervously, hesitating and not knowing how to answer.

Li Chao said softly, "Answer truthfully." ”

Zou Meilian lowered her head, sobbed and shook her head.

Zhang Lianghan immediately took advantage of the victory to chase after him, and asked loudly: "Since you haven't even recovered your sex life, how can you conclude that the holes left behind will affect the sex life of the couple, and how can you arbitrarily think that the sexual well-being index will be reduced?" ”

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