Legal Representative: Ye Position: Dean
On appeal, the respondent Huang Zongjun and Yang Xiaoyan pleaded as follows:
1. The defendant was not at fault in the diagnosis and treatment of Huang's child. The timing and method of operation were correct, and there was no violation of routine diagnosis and treatment. Huang, a child, was born on October 22nd, 2005. Constipation 1 month, abdominal distension for more than 20 days? In February 2006, she was admitted to Binyang Maternal and Child Health Hospital. Physical examination: T37℃, P 106 times/minute, wt6.5kg, conscious, good mental reaction, no abnormality in cardiopulmonary auscultation and nervous system examination. Specialist: Abdominal distension, abdominal vein exposure, soft abdomen, drumming, liver and spleen under the ribs, no tenderness, bowel sounds. Anal finger examination can touch the narrow ring about 3.5cm away from the anus, and a small amount of stool is discharged after pulling out the finger. The plain film of the standing abdomen showed that the abdominal cavity was gasified and expanded, barium accumulated in large quantities, and the sigmoid colon segment was narrow. Diagnosis: Hirschsprung's disease. Radical resection of Hirschsprung's disease was performed on February 25th. During the operation, the sigmoid colon was found to be narrow from the end to the rectum, with a length of about 65438±0.2cm and a transitional length of about 3cm. The dilated segment reaches the transverse colon near the hepatic curvature, the intestinal wall thickens and becomes stiff, the colonic pouch disappears and the intestinal peristalsis disappears. The diameter of the expanding section is about 3.5-4 cm. The ascending colon is well developed, without dilatation and thickening, and has good peristalsis. The operation went well. On March 18, he recovered and was discharged. Condition at discharge: generally good, no fever, good spirit, good nursing, no vomiting, yellow soft stool about 5-7 times a day, normal urine. No abnormality is found in the heart and lungs, the abdomen is flat and soft, no tenderness, no lump, normal bowel sounds, no redness, no oozing blood or liquid at the operation opening.
2. There is no direct causal relationship between peritonitis complicated with incision infection and postoperative incision dehiscence. On March 2, intestinal fistula repair+peritoneal lavage+abdominal incision tension reduction suture were performed.
Combined surgery, the postoperative wound healing is poor, which belongs to the medical complications and can be cured by treatment. Debridement and suture were performed in March 12, and they were cured by second operation. The discharge from the hospital in March 18 also illustrates this view.
Second, the medical malpractice appraisal made by Nanning Medical Association and Guangxi Medical Association found the facts to be true and objective, which was the result of the wisdom of medical experts and should be affirmed. It has been proved that the dispute is not a medical accident and there is no causal fault. The respondent correctly diagnosed the child's illness, chose the right operation opportunity and method, and did not violate the routine diagnosis and treatment.
To sum up, the respondent has been committed to the diagnosis and treatment of Huang, and has done his best, without any principled fault or negligent behavior; Medical malpractice appraisal by medical association is objective and true; The court of first instance ruled that the facts were clear, the applicable law was correct and the trial procedure was legal. The appellant's appeal is unreasonable and requests the people's court of second instance to reject the appellant's appeal according to law.
I am here to convey
Nanning Intermediate People's Court
Respondent: Binyang Maternal and Child Health Hospital.
Legal representative:
date month year
Defendant Ren Jiasui (plaintiff of first instance), male,1born on March 5, 980, Han nationality, a villager in Renjiaping Village, Wuzhen, Jia County.
Defendant Yongcheng Property Insurance Co., Ltd. Yulin Central Branch (defendant of first instance).
Dong Wang, the head of the branch, is the general manager of the branch.
The respondent made the following reply on the factual reasons of the appellant's appeal:
1. The appellant appealed for a revision of the sentence, and Liu, the defendant of the first instance, was liable for compensation. Ren Jiasui, as the respondent, should have no opinion. No matter how much you are compensated by the defendant, just compensate me for my losses. This is my ultimate goal. However, according to the appellant's statement, I won't get any compensation. Defendant Liu has paid 80,000 yuan, and now she is penniless. My loss was awarded to Liu. Then the verdict will be a dead letter.
2. The appellant claims that the legal costs are not borne by the insurance company, but by the losing party. Is the insurance company a party in the first instance? Did you lose the first trial? If the appellant doesn't want to bear it, then there is no other way but to refer to the Supreme People's Court to revise the statutory fees.
The appellant appealed that this case was an employee suing the employer, which was the case when the case was filed, but it was called "? Personal injury compensation for road traffic accidents? This can be clearly seen from the judgment, and the appellant repeatedly emphasized it.
What is the intention and cause of action of entanglement? Really don't understand, or pretend not to understand.
3. The appellant said in the factual reasons part:? Do the passengers on board with 654.38+ 10,000 yuan have liability insurance? This is still human talk. The appellant admitted that there was insurance of 6,543,800 yuan, so did you lose it? How much did you lose? Even if you pay a dollar, you said it. The insurance contract is terminated? .
Regarding the exemption rate, the exemption rate is relative to property losses. Moreover, the appellee Liu also bought an exemption clause and paid the insurance premium in the insurance policy. The appellant claimed that he did not take out passenger liability insurance. How to build, how to buy, how to buy, how to pay. What else is there? Guy? What? Guy?
It is a fact that the insurance policy has no original, and even the medical bills have no original. Where are these original documents written? How dare the appellant mention it? It is an ironclad fact that you took the original without any compensation. It is not difficult to infer that the appellant's behavior is suspected of fraud. Should the handling agency pursue criminal responsibility? Is there any suspicion of destroying evidence? The above issues need further discussion in my petition. The appellant is an enterprise legal person? Still a person? What if the behavior is a? People? What have I done? Should I really talk about it? It? Despair.
Because the appellant has been talking about another case between them and Liu, it's none of my business. It can be seen how pitiful the appellant's legal knowledge and moral consciousness are!
5. The Appellant invoked Article 3 of the Single Insurance Regulations, claiming that it could pay directly to a third party, but not to himself. That man said I'm not? Third party? , then I should be? The first and the second? Or? The fourth person is the first.
Who is it? 、? The second one? Should the appellant pay compensation? I think the first and the second should refer to the parties and beneficiaries who conclude an insurance contract. I am not a third party, so I must be the fourth person, or should I be? Class enemies? Well, then it's not a loss. It's only a premium. How lucrative the profits are.
6. In the end, the appellant had the problem of not counting the deductible, and the situation was turned upside down. People of this level still wrote an appeal for others one day. I don't think you can even write a defense. I've defended myself before. I repeat here, where is it in the insurance policy? Don't remember the deductible and don't insure the passenger's liability insurance? In other words, you said you wanted to exempt 15%. What does 15% mean to avoid my physical harm? Is it free? Boss? Or? Feet? You can live without feet, and you can't save your life without a head.
Finally, I want to add a few words. Although my body is damaged, it is 65,438+0,000% for me. Since my injury, I have been unable to engage in heavy physical labor and earn money normally. Now the family is broken up and the wife is separated. For me, these life-saving money appellants tried their best to evade and refused to pay compensation. The appellant is still inhuman. Is there still humanity? Is there justice or justice? I also hope that the judge can get justice for a weak person as soon as possible.
Respondent: Ren Jiasui
July 8(th), 2008