Yu-Mei Yang (Zhengzhou Intermediate People's Court Vice-President of the trial court supervisor):
But one-time settlement is not equivalent to a one-time payment.
debtor can claim an amortization based on actual debt
appraisal concluded that the scientific,Doudoune Moncler, impartial, objective, and should not have hierarchy, authority, said. Any conclusions without cross-examination by the court, can not as a decision basis. Court as the final arbiter of the dispute, the evidence in court through cross-examination, to determine the conclusions and admissibility of scientific credibility, not to identify the level of that organization as credible basis.
general experience higher levels of accreditation bodies in the personnel, equipment configuration, technical strength and experience in areas such identification are relatively superior to the next level of accreditation bodies,louboutin, thus making the identification of its conclusion in most cases than the next level of accreditation bodies conclusions more scientific and credible, but this effect is at best a formal level the division. Forensic resolve factual issues is specifically, is a specialized knowledge and skills will be applied to the specific facts of the case activities. Identification of expert witnesses who have the attributes, the nature of the formation of expert opinion from an evidence point of view only.
after, month low in body temperature,chaussures louboutin, cold symptoms and ataxia. Li Peng took her daughter to the sea and Qilu Hospital of Shandong University, diagnostic reports are: field of view no ectopic thyroid and thyroid imaging. On 5 April the same year, he and Dongming County, Heze City People's Hospital, jointly commissioned Medical Association Medical Malpractice. Appraisal concluded: This case is two C class medical, hospital bear the main responsibility.
medical mistake with a little girl thyroidectomy, caused by the four disability; a resulting 1,942,389.3 yuan in compensation, the need to perform 70 Year 18 times paid.
2006 At the beginning of the sea in Shandong Dongming Li Peng's daughter found the age of two months there is a small lump on the middle of the neck, but do not feel her pain, so she took Dongming County People's Hospital Children came. Doctors diagnosed as March 7, 2006, the doctor to do a month
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Background Information
Indemnification obligations may request payment by way of periodic payments of disability compensation, is dependent for living expenses, disability aids fee,Doudoune Moncler Femme, but should provide the appropriate guarantees. However, the court of first instance has occurred before the end of the debate the cost of compensation for death and the spirit of solatium should be a one-time payment. Meanwhile,Moncler, the judicial interpretation also stipulates the obligation to compensate people for damages after ruling the new right to compensation for costs incurred in people can be sued for damages beyond the prescribed time limit the right to compensation is still alive, the appropriate extension to compensation.
Li Peng Hai Heze Medical Association are not satisfied with doing the The two sides will jointly commissioned again Shandong Medical Medical Malpractice. September 7, 2006, Shandong Medical Association identified that the hospital should bear full responsibility.
Temporarily unable to pay,jupe cuir, upon consent of the creditor or the people's court ruling, by the debtor to repay the installments. Have the ability to repay refused to repay the people's court ruling to force repayment. This payment is to be determined in the total debt, considering the ability of the debtor's poor performance factors, using a payment method.
say three conclusions without cross-examination can not make decisions based on
Wang Gaofeng (Zhengzhou Intermediate People's Court): In the complicated social life before the law gives judges the discretion to be an appropriate balance between the interests of the subject of proceedings distribution.
judge the actual situation of the case, the obligation to compensate people based on financial ability and responsibility of living in the cost and the cost of the victims on a regular basis, the compensation cost of a one-time settlement, the appropriate verdict County Hospital adopted a phased approach to pay compensation did not violate laws and regulations, mandatory provisions, there is nothing wrong.
personal injury compensation claim two periodic payments can be paid
Yang Yanhao (Zhengzhou Intermediate People's Court): The judicial interpretation and judicial practice, for the payment of personal injury compensation methods commonly used to pay off the way, mainly to consider the interests of convenience and protection of victims. However, practice shows that there are some drawbacks of payment: If the victim (especially the victim's guardian) in advance to take compensation or compensation for other purposes, will make it difficult for victims of future life. In addition, if there is one-time compensation of victims shortly after the death of near relatives of the victims are likely to be significant unjust enrichment. China's laws and regulations on personal injury compensation provisions, periodic payments can be paid.
2006 year-end, Li Peng Dongming County People's Hospital will be taken to sea in Heze City Intermediate People's Court. During the proceedings, the court commissioned the Institute for the forensic identification degree of disability month, concluded that two C class medical malpractice, the equivalent of four disability. June 10, 2008, Qilu Hospital of Shandong University,manteau de cuir, with reference to the court for examination and treatment of post-month program and guidance, decision Dongming County People's Hospital to compensate the plaintiff 1,942,louboutin pas cher,389.3 yuan, 18 times in 70 Year payment of these damages.
case also appears Heze City,doudoune moncler, Shandong Province, Shandong Medical Association and Medical Association two inconsistent conclusions, the court believed the latter to adopt the final conclusions.
Li Peng Hai once again disappointed. September 17, 2009, the Supreme Court to civil ruling, instruction Shandong High Court for retrial. Recently, Li Peng received a court summons the sea.
both unhappy verdict, appeal to the Shandong Provincial Higher People's Court. February 3, 2009, Shandong High Court made final, recognized the way compensation paid in installments, but the month before and after the age of 18 the amount of compensation has been adjusted.
hospital has a strong social welfare, in this case in front of the huge amount of compensation, if the decision paid off all the compensation the hospital, although to a certain extent,Abercrombie France, the interests of rights holders get full protection, the hospital may be bankrupt, if not bankruptcy, the hospital may not be conducive to sustainable development, weaken the social welfare function of the hospital to play, the social effect is not good.
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