Central Academy of Fine Arts girls difficult medical lawsuit

Chou Derun sued three medical units About the case Qiu Ying-hong of the Central Academy of Fine Arts graduates as a result of poisoning death of dichlorvos, Qiu Ying-Hong Chou Derun request father held her common-law criminal Su Qingfu, but the public security authorities considered suicide. Chou Derun turn sued the Su Qingfu, requiring that their civil liability, but the Court of Haidian that the Department of hatred is suicide, Su Qingfu not bear civil liability. Chou Derun appeal, a Beijing Haidian People's Court upheld a court decision, the appeals Choude Run to the Beijing High Court was also dismissed. In June 2003, Chou Derun turn sued the Department of enemies to rescue three medical units to take on civil liability lawsuits in the courts as long as Beijing West Side for more than two years in November 2005, Chou Derun Jin Xiaoguang, please change lawyers, in 2005 soon Dec. 29 Beijing Xicheng Choude Run in the first instance court decision in favor of, but unfortunately the court only sentenced Chou Derun western part of the win. Court trial, three medical units have argued that their responsibility to do the rescue, no fault of their own, Qiu Ying-hong Department of suicide, that he should not bear civil liability. Beijing Xicheng Court of First Instance ruling of the Air Force General Hospital does not bear civil liability, ruling Beijing and the Beijing Emergency Center Yu-day Hospital (formerly Royal Garden Hospital) is at fault, bear part of the civil liability does not bear civil liability for all the reasons for the hatred is the Department of organophosphate poisoning, Department of suicide. Chou Derun appeal against the Beijing First Aid Center, also filed an appeal. In the second instance trial in a Beijing hospital to carry out. The focus of this case is: 1, suicide, three separate hospitals should bear civil liability? Is part of the responsibility or the responsibility of all? What is the basis? 2, Air Force General Hospital is at fault? Should bear civil liability? Beijing Intermediate People's Court in a court of second instance, the court had a heated debate. Air Force General Hospital, argued that his right to save the program, the treatment results, the transfer is not at fault, not force their patients. The issue of medical records, is the result of patient, medical records do not save. Beijing First Aid Center, said he closely monitored by the patient's condition during the transportation of phosphorus will be given to understand where he is not a treatment is not, but actively taken part in the treatment, and only 8 minutes will be sent to the imperial Yuan Ying-Hong Qiu hospital, without their own fault, do not agree Western part of the court decision on Civil Liability for themselves. Yu-day Beijing Hospital (formerly Royal Hospital Court) argued that their responsibility to do the rescue, no fault of their own, the Department of revenge suicide, the Public Security Bureau has identified the conclusion that he should not bear civil liability, at the same time that West agreed to the Court's ruling. The three medical excuse correct? Beijing Xicheng court decision to shoulder part of the medical civil liability but not all correct? Please look at Beijing Xicheng Court verdict and Jin Xiaoguang at Beijing Intermediate People's Court a court of second instance of the word agent. Beijing Xicheng District People's Court Civil verdict (2003) Beginning of the Republic of the West 6326, the first word Chou Derun plaintiff, M, Nov. 2, 1937 birth, Han, Liaoning Academy of Surveying and Mapping in the first retired engineer, address: slightly Jin Xiaoguang agent, the Beijing Jing Ding law firm lawyers. Zhao Ruixiang agent, the Beijing Jing Ding law firm trainee solicitor. Single plaintiff Zhiying, F, June 27, 1945 birth, Han, Jinzhou City, Liaoning Province, retired hospital nurse in the second division, address: slightly Chou Derun agent with the plaintiff PETROFER points. The defendant the People's Liberation Army Air Force General Hospital, home to Fuchengmen Road, Haidian District, Beijing on the 30th. The legal representative of LIU Fu-xiang, president. Liu Yuan agent, M, director of the Chinese People's Liberation Army Air Force General Hospital, address the same unit. Wanxin agent, Hua Wei, Beijing law firm lawyers. Accused Beijing Emergency Center, home to the front door Xicheng District, Beijing, 103 West Main Street. The legal representative of Yong-Chun Zhao, director. Wang Kairong agent, M, the Beijing Municipal Hospital researcher at the Institute of Management, address the same unit. Korean agent Shutang, M, director of the Beijing Emergency Center, address the same unit. Yu-day Beijing accused the hospital, home to Xisan Qi, Haidian District, Beijing East Road, Building 16, 26. Official Ma Yan Fang, president. Hong-Qi Li agent, the Beijing law firm lawyers in relief. Chou Derun plaintiff, the defendant and one-Zhiying Beijing First Aid Center (hereinafter referred to as first-aid center), the People's Liberation Army Air Force General Hospital (hereinafter referred to as Air Force General Hospital), Yu-day Beijing Hospital (hereinafter referred to as Yu-day hospital) infringement dispute case, the Court Accepted, the composition of the Full Court in accordance with the law, the court conducted a hearing in public. Chou Derun representations to the plaintiffs in this case and Jin Xiaoguang, Zhao Ruixiang, the plaintiffs agent Choude Run Single Zhiying, Air Force General Hospital for representations Liu Yuan, Wan Yan, Wang Kairong representations to the emergency center, Han Shu Tong, Hong-Qi Li Tian-yu hospital for representations in court Took part in the proceedings. The case is now the end of trial. Chou Derun plaintiff alone Zhiying claims in 1996, the night of September 8, we Yinghong hatred of women in their place of residence services dichlorvos poisoning, Qiu Ying-Hong Su Qingfu boyfriend and others will be sent to the Department of hatred of the Air Force General Hospital, Air Force General Hospital to take an active treatment , A reasonable program, the results so that the enemies of the Department of the disease has been effectively controlled, but the Air Force General Hospital in the Department of hatred out of danger yet, contrary to "the hospital system" and "Regulations on the Work of the hospital" on the dangerous phase of the first-aid Hospital patients should be disposed of, for transfers should be in stable condition after the danger or to transfer, will be critical emergency patients transferred Ying-Hong Qiu, and prior contact with the hospital. At the same time, Air Force General Hospital, determined to send home to Qiu Ying-hong whether their family members, and did not provide medical records. The defendant first-aid center of the Air Force General Hospital, regardless of the block, without the consent of their families will be critically ill patients from the medical Ying-Hong Qiu better Air Force General Hospital, China Medical Foundation to the Imperial Court in Beijing Haidian Hospital (hereinafter referred to as the imperial Yuan Hospital Medical Foundation), Goes against the "system of hospitals," the relevant provisions of the transportation of patients and is not used in the ambulance, not in transit to the Department of hatred for any medical treatment, the Medical Foundation Queen Hospital Court did not detail the record of the disease. In critical condition for the Department of hatred should not be carried out dialysis treatment, nor did the families of the signature. In the course of treatment, Qiu Ying-lung edema and congestion, precordial 4 pinhole puncture, the inside of the left thigh with a pinhole and the Department of hatred in the body without injury before the transfer, transfer after the formation of multiple trauma, these are the Medical Foundation Imperial Court improperly hospital. Medical Foundation and the Royal Court, Qiu Ying-Hong dead at the hospital, the blood still flows, will put them in freezers. All in all, three of the accused in the treatment of Qiu Ying were in the process of the existence of the fault, the prosecution accused the three requirements of economic compensation for loss of 1, since Choude Run from September 1996 to November 1997 loss of working time of the loss of 15,707 yuan, one-chi from the United Kingdom in September 1996 to June 2000 loss of working time of the loss of 8878 yuan. 2, we have to deal with compensation for funeral Ying-Hong Qiu and paid 30,550 yuan accommodation, transport costs 32,788 yuan, since September 9, 1996 since Qiu Ying-hong mortuary fees of 160,000 yuan, 50,000 yuan for cremation fee and the spirit of the solatium 200,000 yuan, Compensation for the death of 312,756 yuan. The defendant argued that the Air Force General Hospital in 1996, the night of September 8, the daughter of two plaintiffs as a result of Qiu Ying-Hong dichlorvos poisoning by his friend Su Qingfu I sent to the hospital for medical treatment. Qiu Ying-hong of the hospital had a positive right treatment, Qiu Ying's condition has been effectively controlled. Su Qingfu after the transfer of patients will require treatment, and to contact the hospital. Hospital doctors discourage many invalid. At about 3 am the next day, first-aid center for the ambulance crew arrived at our hospital, taking into account the emergency center in our city is only a three-level Emergency Medical professional organizations, for a variety of emergency rescue, treatment with a more professional experience, coupled with To discourage invalid, I shall not allow emergency hospital patients will be taken away. I think that hospital patients to the hospital after the hospital's clinic is timely, not the fault of the activities of clinics, and does not constitute infringement, and to transfer patients, and is not responsible for the hospital. Out-patient medical records on the issue of custody, regardless of past or present, "Ordinance on Handling Medical Accidents" are provided for out-patient medical records kept by the patients themselves. The plaintiff cited two "hospital system" did not require hospital out-patient medical records must be kept, so I do not agree with the plaintiff hospital two of the claims. The defendant argued that the First Aid Center, at 2:00 on Sept. 9, 1996 3 hours, I received 120 calls for assistance Center, requested the Air Force General Hospital Paiche to transfer the patient to the emergency room, I at the Center 2:00 pm 5 ambulance And the medical staff, 2:15 Air Force General Hospital in an ambulance arrived. Due to the relationship between Qiu Ying-Hong Su Qingfu people strongly demand that the transfer and is responsible for signing by the Air Force General Hospital, doctors agree, as well as medical institutions to agree to receive, I ambulance center in the whole 3:00, 3:00 to 8 pm will be sent to the Department of Medicine Qiu Imperial Court Hospital Foundation. I think Center, is the act of transfer of patients should be the relationship between people and strongly demand that the Su Qingfu carried out, the transfer process, Qiu Ying-Hong stable condition does not appear adverse consequences, I have no center of conduct contrary to the national health management laws and administrative regulations, departmental regulations and medical care Norms and practices, the Department of hatred and death, I transshipment center acts without any cause and effect, the two do not agree with the plaintiff's claims. Tian Yu argued that the defendant hospital, I renamed the hospital before the Medical Foundation Hospital in the Imperial Court on September 9, 1996 of organophosphate poisoning patients were treated Ying-Hong Qiu, the hospital in a very urgent situation to take positive measures to health care, as a whole Rescue process is not in violation of health regulations and administrative regulations, departmental regulations, did not care clinics in violation of norms, conventional, but did not result in physical harm patients, patients with organophosphate poisoning death is the primary natural disease prognosis, there is no medical Fault, so the two do not agree with the plaintiff's claims. After trial: two plaintiffs Department of the relationship between husband and wife. September 1996 8th, 11 am, two of the female plaintiff in the Department of hatred (a little home) to take pesticide dichlorvos, when the two plaintiffs in the field to live with her common-law Qiu Ying-Hong Su Qingfu found after the air force sent to the General Hospital For emergency treatment, the Air Force General Hospital of the Department of hatred given timely treatment, the treatment of the normal procedure, a reasonable program, the results. 2:00 the next day or so, Qiu Ying-Hong Su Qingfu suggested that the treatment of transfers, to that end, Air Force General Hospital, doctors have come forward to stop the void. In November 2001, two plaintiffs in the Beijing Haidian District People's Court of Su Qingfu personal damages filed against the plaintiffs on two of Beijing Haidian District People's Court against the decision, appeal to the Beijing First Intermediate People's Court in Beijing Municipal First Intermediate People's Court (2002) in a final public words, the entry into force of the verdict in 6622 that: "in December 2001, Chou Derun alone Zhiying prosecution to the trial court, said Qiu ... ... were sent to the Department of the Air Force General Hospital, in a timely manner Rescue condition has improved, blood pressure, pulse has been normal, but all of a sudden in the late Su Qingfu 2:00 am and 3 first-aid center in Beijing, with the first aid center for an ambulance to the Department of hatred will be forced to open private hospitals of the Royal Court. Air Force General Hospital doctors stopped twice, Su Qingfu to the patient's family medical emergency in the name of the signing of the 'transfer took place after at your peril' and adhere to the transfer. " After first-aid center in accordance with the request of Su Qingfu, and the bus link will be sent to the Medical Foundation Qiu Ying-Hong Huang Yuan Hospital. According to the Center for pre-hospital emergency first-aid case records, first-aid center in 2:00 4 received instruction, 2:00 5, 2:15 arrived at the scene, leaving the scene 3:00, 3:00 8 minutes to reach the destination, 4 When they return. Su Qingfu in the case record reading "Qiu Ying-hong Department of patients with organophosphate poisoning, the total space in the treatment of atropine, the families of the transfer request, agreed to Huang (Yellow) Hospital Court line dialysis treatment." And signed. First-aid center in transit in the process of Qiu Ying-Hong Qiu did not Yinghong treatment. September 9, 1996 at around 7 pm, Qiu Ying-Hong condition had deteriorated and died after all rescue measures proved ineffectual Royal Court Hospital Medical Foundation. Hospital Medical Foundation Queen Court issued the death certificate of medical Ying-Hong Qiu said the cause of death for the "DDV severe poisoning, respiratory failure with heart failure." Ying-Qiu death, the public security organs on their cause of death was identified. September 19, 1996, the Beijing Municipal Public Security Bureau forensic tests to identify criminal Science and Technology Center, the report concluded that "hatred in line with the Department of organophosphate poisoning death." January 22, 1997, the Ministry of Science and Technology of criminal identification book that "the autopsy of the deceased see Qiu Ying-hong has left at the top of the scalp subcutaneous bleeding, his right arm and right leg soft tissue contusion, analysis of the Department of hatred with another person Sida, but the injuries were minor Enough to death; on the contents of the stomach of the deceased, blood, liver and lungs were found to carry out toxicology tests organophosphorus pesticide DDVP, is not found sleeping pills and other poisons, combined with the autopsy, in line with the Department of hatred organophosphorus pesticide poisoning death. Conclusion: Qiu Ying With organophosphate poisoning death. " Jan 27, 1998, the Beijing Municipal Public Security Bureau in the Ministry of Public Security, "Qiu Ying-Hong on the investigation of the death letter" has been clear, in view of the Haidian branch of the family of the deceased that suicide by taking poison for the Department of hatred against the conclusions, according to the requirements of the family of the deceased, In the family of the deceased invited to witness the relevant circumstances, the Council's forensic center, the Ministry of Public Security 2 of the two bodies of the dead were anatomy. Autopsy: Qiu Ying-hong of the deceased head and face no injuries, no abnormal brain tissue, eyes combined with congestive heart membrane, corneal opacity, not the pupil perspective, the mouth of the nasal cavity, no unusual external ear canal, the hyoid bone, thyroid cartilage fracture has not, lung edema , The size of a normal heart, blood flow like dark red, the stomach contents of 150 ml can be heard and to stimulate the special smell, can be seen bleeding stomach wall. Efforts of the deceased, stomach contents were detected in the organophosphorus pesticide DDVP, there is no element of sleeping pills, there are burning esophagus, there is no irrigation service esophagus caused by burning, the mouth of the deceased without the formation of forced fed with the corresponding traumatic. Qiu made against the family of the deceased who have Yinghong trauma of this situation, to understand the doctor in charge of the rescue, sent to the deceased in the hospital with injuries, as a result of transfers, and mobile treatment process with the potential to cause minor injuries. According to the above, the Department of the Department of hatred can be found in the absence of violence, coercion of the oral pesticide dichlorvos, died as a result. Ying-Qiu death, to deal with the aftermath of the incident, Chou Derun unit in Liaoning Province Academy of Surveying and Mapping in the first loss of working time deducted from their pay 15,707 yuan, Zhiying single unit in Jinzhou City, Liaoning Province, the second hospital loss of working time deducted from their pay 8878 yuan. Since the Sept. 9, 1996 from the Department of hatred in the body of the Armed Police General Hospital to the present day, Chou Derun alone Zhiying mortuary fees should be paid 160,000 yuan. Litigation, the two plaintiffs requested that the three defendants for compensation for transportation, an accommodation, did not provide appropriate evidence. Proceedings, Air Force General Hospital, said medical records to the days of Yu and Su Qingfu Hospital Medical Foundation Hospital in the Imperial Court to save Ying-Hong Qiu course of medical treatment does not exist a fault, did not provide evidence. Proceedings, Chou Derun alone Zhiying Court made a request to the Air Force General Hospital, Emergency Center, Medical Foundation Queen Court hospitals for medical treatment medical technology to identify, after Yu-day hospital can not provide at that time to save the patient's medical history Result can not be identified. Another investigation, the Medical Foundation Hospital in Royal Court on December 28, 2001 to the Haidian District Health Board to apply for name changes for the Beijing Yu Fang Yuan Emperor Hospital Medical Research Institute (hereinafter referred to as the Institute of Emperor Yuan Yu Fang Hospital), in the Haidian District Health Bureau January 4, 2002 to the imperial Yuan Yu Fang Hospital Research Institute issued a "license to practice medical institutions." December 10, 2003, the imperial Yuan Yu Fang Institute of Health Bureau of Haidian Hospital also apply for name changes for the day Yu Hospital, Haidian District Health Board in March 10, 2004 to the Yu-day hospital issued a "license to practice medical institutions" . July 15, 2004, Yu-day hospital has made corporate business license. The above-mentioned facts, Chou Derun alone Zhiying provided by the Air Force General Hospital Department of hatred on the situation to save a copy of the note, emergency dispatch center ASTRI copy of the log before the first-aid, and photocopy records, the Medical Foundation Queen Court to prove a copy of the hospital, Haidian Proof copy of the Health Bureau. Su Qingfu of the Court of Haidian transcripts of the inquiry copies of the Medical Foundation Queen Court to change the name of the hospital copy of the application form, (2001) the first 13,158 words sea early Republican civil copy of the verdict, (2002) in a final public words 6622, the civil verdict Copies of the photo copy of the Foundation of Medical Royal Court, a copy of a receipt Hospital, the Beijing Municipal Public Security Bureau (1998) 3 copies of the letter, a copy of the autopsy identification excerpts, a copy of the death of a medical certificate, first aid provided by the Center for Hospital Emergency Center Former emergency medical record copies of records, pre-hospital emergency Paiche single copy of pre-hospital emergency transfers to send a single copy. Yu-day hospital provided copies of medical records, our survey notes, the Haidian District People's Court, Haidian District Health Bureau archival material, Xicheng District, Beijing Medical Association medical technology to identify the Office of the letter, the People's Armed Police General Hospital shows that in Liaoning Province in the first mapping Hospital shows that the city of Jinzhou in Liaoning Province in the second hospital, and other relevant evidence to prove the original and, statements of the accused, put on evidence. The Court considered that between doctors and patients as a result of the treatment of the issue of compensation arising from infringement disputes, medical institutions to bear civil liability for compensation for infringing on the premise that medical treatment and outcome of the damage between cause and effect relationship between medical institutions or medical care there are at fault. According to identify the fact that the plaintiff's two female Ying-Hong Qiu as a result of oral organophosphate poisoning was sent to the Air Force General Hospital for emergency treatment, the Air Force General Hospital to give a timely and effective treatment. Ying-Qiu not yet out of danger in the case, the transfer is made Su Qingfu, Air Force General Hospital has been aware of the possible consequences of transfers, and prevent that Air Force General Hospital performed on a patient goes home the obligations were. Su Qingfu not listen to dissuade the Air Force General Hospital, adhere to the transfer request, in this case, Air Force General Hospital patients and their families enjoy the respect of the right to choose medical institutions, agreed to carry out the transfer and the related procedures, Air Force General Hospital Acts of transfer had not made any mistake. Ying-Qiu time of the incident, both the plaintiff in the field, as Suqing Fu Ying-Hong Qiu and her boyfriend live with hatred in the name of the Department of families at risk of revenge to the Department of the Air Force General Hospital, in this case, Air Force General Hospital for their identity without further Review obligations. On the issue of medical records, the Court believes that the medical records of the Hospital for emergency treatment on the patient, the treatment process, such as medical records of written materials, is also a medical review to determine the existence of medical evidence of one of the major fault. Although the Air Force General Hospital did not provide the medical records of the Department of hatred, but the two plaintiffs in the court recognized in the Air Force General Hospital for treatment of the Department of hatred is rational, effective and timely manner, the two plaintiffs requested the General Hospital of the Air Force to assume liability without fault and the fact that the legal basis for . First-aid center on the question of whether there is fault, that the Court, by Qiu Ying-Hong Su Qingfu families in the name of the transfer is made to the Emergency Center, Emergency Center of the Medical Foundation Queen Court approved that Hospital Su Qingfu, at the same time signed a written opinion. As a result, first-aid center on the implementation of the transfer Qiu Ying-Hong Kong does not have improper conduct. But as a medical first-aid centers, in addition to the delivery of patient, whose main duty is to give patients timely medical treatment, Qiu Ying-hong in the Air Force General Hospital, although effective treatment, but when the transfer is not yet out of danger, first aid centers should not be interrupted for the Department of hatred Treatment. First-aid centers throughout the transfer process Ying-Hong Qiu did not take any measures for medical treatment, for which there is a certain first-aid center at fault should bear the liability. On the imperial Yuan Hospital Medical Foundation, the existence of the fault of the issue, the Supreme People's Court "on a number of provisions of civil evidence": as a result of medical tort litigation arising from medical institutions on the medical results of the damage and there is no causal relationship between the And there is no fault of the medical burden of proof. Medical Foundation Queen of the Court argued that the hospital has taken an active Ying-Hong Qiu medical measures to rescue the entire process, there is no violation of health regulations and administrative regulations, departmental regulations, there is no violation of the norms of medical care, conventional, not mentioned in its Court to provide relevant evidence, but also led to the identification of the work can not, should not bear the burden of proof. Therefore, in accordance with the law through no fault of their presumption. On the first-aid centers, medical foundations Imperial Court, through no fault of the hospital whether or not acts of hatred and the Department of the death of a direct causal relationship, that hospital, was killed by the hatred of the Department of the Beijing Municipal Public Security Bureau and the Ministry of Public Security Center, forensic science and criminal identification techniques are organic phosphorus Poisoning deaths, and as a suicide. It can be that first-aid centers, medical Imperial Court Foundation Hospital is not the fault of the act resulted in the death of Ying-Hong Qiu and direct cause of an inevitable, the two plaintiffs seek compensation for all losses, the Court not to support it. First-aid centers, medical foundations Imperial Court, through no fault of their hospitals conduct should bear the corresponding liability and compensation in accordance with the law both the plaintiff's loss of working time, burial and mortuary costs, compensation for the death of a reasonable part of the commitment by the hospital based on the proportion of fault The size, and in accordance with the relevant legal provisions to be determined. Mortuary fees on the issue of compensation, the Court should be calculated from January 22, 1997, when the second autopsy identified only. On the funeral expenses should be based on the same line Choi Kyung [1994] No. 2080 provides that the Chief and institutions after the death of staff costs to the disposal of the dead ... ... to 800 yuan terms, both the plaintiff's claim for transportation, accommodation for failing to provide The corresponding evidence, the Court shall not be considered. They advocate the spirit of the plaintiff solatium and the fact that the lack of legal basis for the Court not to support it. The plaintiff described in the two first-aid center when Ying-Hong Qiu transfer using ordinary cars, ambulances and medical foundation and not imperial Yuan Ying-Hong Qiu dead at the hospital, the blood still flows into the circumstances of their freezer did not provide appropriate evidence of this Hospitals can not be found. Hospital Medical Foundation Queen Court has now changed its name to Yu-day hospital, the hospital should bear the day-Yu Foundation Medicine Imperial Court should bear civil liability. In summary, based on the "General Principles of Civil Law of the People's Republic" of the provisions of Article 6, the decision is as follows: First, this decision within seven days after the entry into force, accused Beijing First Aid Center, the plaintiffs compensation for loss of working time fee alone Zhiying 1331 yuan seven angle; for compensation Choude Run 2300 loss of working time fee Bai 1005 hours, 56 yuan; Chou Derun compensation alone Zhiying 120 yuan funeral, mortuary costs 1005 yuan, 7329 yuan compensation for the death of hexagonal, for a total of 12,142 yuan fifth of the triangle. Second, the decision within seven days after the entry into force, Yu-day Beijing accused the hospital of compensation the plaintiffs Zhiying single loss of working time costs 1331 yuan seven angle; for compensation Choude Run 2300 loss of working time fee Bai 1005 hours, 56 yuan; compensation Choude Run, Single funeral Zhiying 120 yuan, 1005 yuan mortuary fees, compensation for the death of 7329 yuan hexagonal, for a total of 12,142 yuan fifth of the triangle. Third, the plaintiff rejected Choude Run, single Zhiying other claims. The admissibility of the case costs 981 yuan, accused by the Beijing First Aid Center, the burden of 50 490 yuan (of the decision to pay within seven days after the entry into force); accused by the Beijing Hospital Yu-day burden of 50 490 yuan (seven after the entry into force of this decision Days to pay). Who was dissatisfied with this decision, the verdict can be served from the date on the 15th, submitted to the Court on the petition, and the other parties put the number of copies of the admissibility of an appeal to pay costs 981 yuan, the first appeal in Beijing The Intermediate People's Court. If the expiration of the appeal within seven days to appeal the case did not accept to pay the fee, according to the voluntary withdrawal of the appeal to deal with. Presiding Judge Liu Zhen Static judge Deputy Judge Zhou Tao Second OO five years on December 29 LI Yu-ping clerk Counsel words The chief justice, the judge: Choude Run by the appellant's commission and the Beijing Jing Ding Law Firm of the assignment, I was the appellant's representations to Choude Run, participate in the proceedings in accordance with the law, agents are released as follows: One of the three medical treatment at the Department of hatred are in the process of serious fault. 1, on the Air Force General Hospital A, Air Force General Hospital in serious violations of the rescue operation organophosphate poisoning, atropine on the treatment of patients who interrupted, in the absence of Su Qingfu is not to verify the identity of family members, agreed to transfer, the interruption caused by Qiu Ying-Hong atropine rescue. Organophosphate poisoning of the rescue procedure (1) gastric lavage (2) sufficient amount of atropine injections, after atropine must be maintained to the amount of atropine, until illness control, after a gradual reduction in the amount of atropine, and vigilance Atropine poisoning, indwelling catheterization, a close observation of the disease and, if necessary, to give oxygen to prevent pulmonary edema caused by respiratory failure. Atropine to patients of the disease must be closely monitored and the drug atropine to maintain, in order to a patient. See submitted by an agent of organic phosphorus rescue and care information. Atropine is the transfer of patients is a serious violation of medical procedures. After atropine because of interruption if the maintenance of atropine, the disease will rebound and even death, and atropine as very toxic, and should close observation in hospital, at any time to take measures. See agents to provide medical information for treatment. B, Air Force General Hospital, said the court "can not force their patients," Air Force General Hospital, then why not ask to verify the transfer of Su Qingfu "family members" status? If the Su Qingfu not verify the identity of family members, Air Force General Hospital also agreed to transfer the treatment of it? In particular, patients suspected of drinking dichlorvos legal disputes, should be more reporting system to verify "with" identity. To send patients to "accompany" the family is it? Air Force General Hospital in December 5, 2000 to Choude Run "on the rescue Ying-Hong Qiu note," said the patients were asked to accompany the transfer, family members of people with it? C, Air Force General Hospital, unable to provide rescue and medical emergency treatment at the time of the record. Chou Derun numerous experiences of finding a lawyer with the Air Force General Hospital, requested the medical records, Air Force General Hospital, said that lawyers must be allowed access, and then added that emergency medical records only to preserve a year, never said to the medical records of the Su Qingfu. In its March 13, 1997 and December 5, 2000 Choude Run to the single Zhiying to write a written statement, the medical records of a closely-guarded secret, said Su Qingfu just to get away with the written certificate of diagnosis at your peril. D, Air Force General Hospital said the patient is not required to preserve the medical records of patients, this is inconsistent with the facts. Ying-Qiu was the emergency rescue, emergency rescue does not mean that the patient, because the emergency rescue can be turned into in-patient, do not meet the conditions of the hospital, leaving emergency room for observation of observation, the hospital should be required to fulfill all the records (see the emergency room system ). Air Force General Hospital, in the first instance only submitted their written evidence, not its own rules and regulations, no unable to submit medical records as evidence. E, Air Force General Hospital of themselves must agree to transfer did not violate organophosphate poisoning rescue operation carried the burden of proof on the Department of hatred and death that they are not proof of a causal relationship. F, Air Force General Hospital in violation of the provisions have (1) January 12, 1982 the Ministry of Health promulgated the "Regulations on the Work of the National Hospital," the seventh: the risk period for the patient first aid, the hospital should be disposed of, and should not be transferred. (2) promulgated by the Ministry of Health, "hospital system" of the 30th transfer, to change the system Patient transfers, such as the possible way to increase the estimated death or illness, the hospital should be disposed of, or dangerous, such as in stable condition after the re-transfer. (3) The third system of hospitals reporting instructions Where the following conditions must be time for the leadership of the House or ask the relevant departments of the report. 5, collected legal and political issues, and there are signs of suicide when the patient; If a doctor on the implementation of the system will verify "with" Su Qingfu identity, would not have happened the so-called "family members" signature "at your peril transfer" will not be interrupted hatred of the Department of Emergency. 2, on the Beijing First Aid Center A, with ordinary cars instead of rescue vehicles, see the appellant submitted Choude Run "Beijing First Aid Center ASTRI before the emergency dispatch log." B, the emergency center where he did not see Beijing First Aid Center record of the pre-hospital emergency medical record (2), said an appeal for emergency medical treatment, with the Beijing First Aid Center, which pre-hospital emergency medical record records (b) did not record the medical treatment, not treatment Contradictions. And first-aid centers did not closely monitor the condition of the Department of hatred, there is no record of surveillance, no more loading time records, their records: check in a coma, and the expansion Pupil double, lungs breathing sound crude, did not smell wet rale, not more than search. For critically ill patients should be observed closely the development of the disease, and disposal of records to do a good job, the Beijing First Aid Center, is "not more than search." C, Beijing First Aid Center, 3:00 to 10 minutes from the Department of hatred out of the Air Force General Hospital, 3:08 assigned destination, and the Imperial Court in hospital records (saying) 3:55 minutes into the Imperial Court in hospitals, carrying 4:00 into the blood purification Center, then up to the last 50 minutes, Qiu Ying-hong who is under the control of? Beijing First Aid Center has not recorded in medical records, the Beijing First Aid Center, 50-minute observation of patients do not? Qiu Ying-hong of treatment does not? Beijing First Aid Center, please speak with the medical records. D, presiding judge at the court of Beijing Emergency Center "is transferred to the Royal Court, who decided to hospital," the inquiry, the Beijing First Aid Center, the answer is "Su Qingfu to the Beijing First Aid Center to provide information and help link the Hospital of the Imperial Court, However, Su Qingfu decision. " And excuse "Imperial Court hospitals have the ability to rescue the Beijing First Aid Center, the hospital did not consider the issue of ownership, considering only the nearest and have the ability." In that case, I would like to ask 304 hospitals in the door of Air Force General Hospital, a 24-hour work, why not contact the emergency center? Why do not provide this information. Royal Court have the ability to hospital for medical treatment, first aid centers should bear the burden of proof. Imperial Court, first-aid center, said hospitals have the ability to treat, why Imperial Court in the hospital on the death certificate filled out the mistakes, Cai Jie and there is no doctor's signature? So have the ability to regulate the hospitals, why not build even medical records? Beijing First Aid Center to provide Su Qingfu recommended Imperial Court hospitals, the hospital should be the fault of the Imperial Court brought to bear civil liability. E, Beijing First Aid Center to deal with hatred top left Yinghong Department nodule size 2.5 × 2.5 cm subcutaneous bleeding, his right arm and right leg soft tissue contusion, the heart before the eye of a needle puncture District 4, the root left thigh before the eye of a needle puncture side of a right calf 4.5 × 3.5 cm, 7.2 × 5.0 cm 2 hemorrhage, 1 × 1.5 cm contusion a responsibility. Because the Beijing Municipal Public Security Bureau in the Ministry of Public Security, "Qiu Ying-Hong on the investigation of the death letter" clearly states that "to understand the doctor in charge of the rescue, sent to the deceased in the hospital with injuries." Qiu then the head of the Department of injury is where the heart of the four areas before the eye of a needle puncture and left thigh before the root side of the eye of a needle puncture and where the body is injured? Qiu Ying-hong to leave the Air Force General Hospital, is a first-aid center in Beijing under the control of the Beijing First Aid Center should be held legally responsible. F, Beijing First Aid Center to deal with transfers Ying-Hong Qiu, the increase in the concentration of dichlorvos liable. Air Force General Hospital with a 30,000 ml of water into the stomach of the Department of hatred has been cleaned up, but the public security organs of the body is to check the concentration of dichlorvos stomach is 3.033mmol/ml, the concentration is very high. Ying-Qiu was taken away first-aid center in 50 minutes who was under the control of? Beijing First Aid Center does not have medical records, the Beijing First Aid Center can not prove that no fault of their own, can not prove that the Department of hatred and death did not cause and effect, should bear the full liability. Beijing First Aid Center, patients will justify rebound, then does the stomach has been washed, the blood will be absorbed dichlorvos back to stomach it? 3, Royal Court on the hospital A, Chou Derun been looking for medical records, wave and the wave of lawyers for this investigation, the first emperor Court hospital medical records of people who said that it can not, then that the medical records did not build, and then later said that the flood water. Chou Derun looking for nine years, until today, the Air Force and the General Hospital of the Imperial Court did not come up with the hospital medical records, the Beijing First Aid Center Choude Run refused to provide medical records. Royal Court has not at the time of hospital treatment records, there is no medical record of the original, which was provided by 96 years on September 19 make up the future of medical records. Imperial Court, the hospital should bear the burden of proof can not be legal consequences. B, Cai Jie Ying-Hong Qiu is the rescue of the attending physician, hospital Court Shanghuang court also admitted in court, but later Jie Cai is the owner of Internet cafes, which are not qualified to practice medicine, Imperial Court, the hospital should be the burden of proof. Imperial Court of hospital death certificates Zhangguanlidai, a lot of mistakes, and there is no Jie Cai's signature. Second, the Air Force General Hospital, the Beijing First Aid Center, the Imperial Court, through no fault of the hospital's Department of hatred and death existence of a causal relationship? They are part of the commitment of all civil liability or civil liability? The first trial is twist the law to bear civil liability for some of the referee. "The Supreme Court on a number of civil evidence" in the fourth paragraph of Article 2 (viii) provides that "as a result of medical treatment caused by the infringement proceedings by the medical institutions, medical treatment and outcome of the damage there is no causal relationship between the burden of proof . " "Regulations on Handling Medical Accidents," the 28th article of the last paragraph: both doctors and patients should be in accordance with the provisions of this Ordinance to provide relevant factual material, resulting in medical technology can not be identified, should be held accountable. As the Imperial Court in this case to the hospital in the Medical Association, said the letter could not provide medical records, will not lead to medical identification. Imperial Court, so the hospital should take full responsibility for civil compensation. Air Force General Hospital does not provide medical records, failure to comply with the reporting system, there is no check Su Qingfu "family members" in his capacity as a result, in violation of the medical rescue procedure, the transfer is not in violation of the provisions, resulting in disruptions to save the Air Force General Hospital, through no fault of their own hatred and death can not Yinghong There is no proof of causation, it should bear all civil liability. Beijing First Aid Center rescue vehicles to replace ordinary cars, transport is no way to treatment, as long as in the last 50 minutes, Qiu Ying-Hong is not the burden of proof in their own treatment, Qiu Ying-hong of the stomach to increase the concentration of dichlorvos can not proof, andTo deal with the Imperial Court of the hospital where the ability to bear the burden of proof. Beijing First Aid Center, and through no fault of their own hatred of the Department of the death of the burden of proof does not exist can not cause and effect, it should bear all civil liability. The first-instance ruling that the Department of revenge suicide, was organophosphate poisoning, the medical decision to assume part of the responsibility is totally wrong and twist the law is the decision. Anyone who is due to the death of the deceased and the disease caused by the situation, Qiu Ying-hong of criminal identification techniques, but confirmed the causes of death Ying-Hong Qiu, is designed to serve the criminal investigation, it does not rule out the possibility, it is impossible to rule out medical institutions should bear the The civil liability. In fact, many patients, including suicide, active in the hospital under emergency treatment, Turning the Tide to restore the confidence of his life, see the agent provided information to hospital. Study the fault of the medical unit, it is a violation of its rules and regulations of medical and treatment in the course of the existence of any fault and fault and the existence of death in patients with cause and effect. The existence of a causal relationship, the need for specialized medical identification can be confirmed that the Royal Court in this case because of the hospital can not provide medical history, can not be led to the identification, it should bear all of its civil liability. Court, Air Force General Hospital and the Beijing Emergency Center of proof can not be the fault of their own hatred and the Department of the death of a causal relationship does not exist, hence the Supreme Court's rules of evidence should bear all civil liability. Third, with regard to the compensation standards apply to the legal issues Is the application of the "Regulations on Handling Medical Accidents" or application of the "General Principles of Civil Law" and the Supreme Court on December 4, 2003 through the "personal damages hearing on the case law applicable to a number of issues of interpretation of" compensation? As the Imperial Court in the case that hospitals can not provide medical records will lead to the termination of identification. It can not be applied to deal specifically with the medical and administrative regulations, "Regulations on Handling Medical Accidents" and the compensation provisions of the standards should be applied to the "General Principles of Civil Law" and the Supreme Court to hear the person on the damages case law applicable to several issues of compensation as provided for in the project And compensation standards. Overview on the three medical institutions for the Department of Qiu's death should bear all civil liability. Requested the court to consider the above views