October 12 (Reporter Jiang Yong Ho) who lives in the sea town of Cixi, Zhejiang Province, a village a man Wu village health due to toothache to pull the tooth, then did not think had epilepsy, was identified of organic brain dementia - moderate level of disability constitutes five. 55-year-old Wu old man and his family, want to village clinics have a say.
Cixi Court recently handed down on the case, ordered the village clinic Wu compensation for medical expenses, disability compensation and other costs 57 million yuan, which contains the spirit of solatium of $ 30,000. Reporters learned that, at present, the defendant has filed an appeal village clinics.
disaster from a toothache, which actually pull the teeth
toothache has been plagued by a long period of time Wu, Sibuzhiwei, pain, meditate, the Wu decided to extraction.
to the village clinic, doctor Zhang of Wu after examining the mouth, wrote in the medical record: left seventh tooth decay, the line removal technique,moncler doudoune homme, and then skillfully helped Wu to have bad teeth uprooted. What was expected, after a few days later, Wu extraction wound Department has not healed, the pain increased rather than decreased, Wu Lao Gao's face is swollen, what happened next was bizarre.
one afternoon, Wu suddenly abnormalities, convulsions, high fever, confusion ... ... unknown to the family to the hospital emergency quickly to Wu, after a series of treatment, his condition is stable, but after the Wu like a new person, eyes dull, trance, often irrelevant answers, and even his family did not know. How good a person becomes so fuchsia? Family is very puzzling, was removed with a treatment in major hospitals, Wu, Wu got a final diagnosis of epilepsy.
think of yourself to the village clinic a few days sick after tooth extraction, the most likely cause of the epilepsy extraction, Wu as the plaintiff, his wife, as legal representatives will sue the village health on the court.
Wu claimed that: he is left to the fourth tooth pain tooth extraction, tooth extraction wound after not only not good, but also suffered from epilepsy, after identification, the sixth gear left his mouth, seventh gear has been missing, still in fourth gear, apparently pulled the wrong tooth, and called for compensation for medical expenses, disability compensation, loss of working time of the loss of fees, a total of 95 million.
village health argued that: the doctor is the sixth Wu pulling teeth, teeth will be written in the sixth seventh tooth is a clerical error, there is no medical mistakes, dismissed the plaintiff's claim required.
been identified: the mouth of the left seventh Wu teeth are long gone, and the sixth tooth is being extracted in the village clinic.
other words, Wu claimed that because of the pain requires pulling his mouth left fourth tooth, the defendant doctors in the medical record is written in the seventh to pull the lower left teeth, and eventually disappeared The lower left is the sixth of his mouth teeth.
more interesting is that Wu claimed themselves to the extraction time is January 19, 2010, issued by the village health records to display time was December 30,moncler doudoune femme, 2009. Wu and his family that the Wu never be December 30 to extraction, because the day due to a relative's death, he went to the funeral to help, and there are people who eat together at the same table can testify. The village health clinic records to prove you took that on 19 January clinics do not open that day, Wu can not be a day to see a doctor.
court the defendant to compensate the loss of a total of 570 000 Wu
view of both the plaintiff to the defendant at the extraction of the fact that there is no objection, to see whether the day's illness, the court no effect on the trial.
the defendant on its Accreditation body that the authenticity of records can not be identified, and forensic identification should be based on objective facts as the basis,moncler doudoune, because no conclusive evidence that the defendant was the plaintiff in the specific treatment after the fact,moncler veste, the lack of raw medical data as a basis for identification of medical malpractice, it is The defendant can not be applied to determine the matter.
medical institutions, the burden of proof, the court ruling whereby village health lost.
court concluded that the defendant as a professional medical organizations, medical record information in their only slip of the pen on the grounds of manifest error, the explanation is not reasonable, convincing, the defendant should bear the resulting corresponding adverse consequences of litigation. Is defective because the defendant's medical records to provide medical practices caused by the existence of fault, the fault of the medical consequences of behavior and whether the causal relationship between damage to the issues in dispute can not be identified, the defendant can not prove there is no medical mistakes, should bear the burden of proof can not be legal consequences, the defendant the plaintiff's damages should bear full responsibility. Therefore, the accused Wu of compensation for medical expenses, lost income, total fees, the loss of 57 million yuan.
correspondent was informed that the defendant has already filed an appeal village clinics. (End)
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