Suggestion: The court refuses to accept it because it is afraid of causing trouble. The point is that you may not be able to provide strong evidence that the other party does not drive. If you want to defend your rights, you'd better consult a lawyer and see how to collect evidence.
2065438+February 27, 2004 09:39:58 Font size
? 120 behind the death of the injured due to ambulance failure
? Source: Yunnan Legal News Author: Song?
When a traffic accident happened, the people at the scene dialed "1 10" and "120" medical emergency numbers, and the traffic police rushed to the scene of the accident in time after receiving the police, but the 120 ambulance never arrived. After the police arrived at the scene, the injured Deng Dengxiang and the people present asked the police to take him to the hospital, but the police refused on the grounds that the survey vehicle dispatched by the police could not pull the injured. When it was determined that the 120 ambulance could not reach the scene, the police intercepted the passing vehicles to carry the injured Deng Dengxiang, but the passing vehicles were unwilling to carry Deng Dengxiang. When the police transferred the truck to take Deng Dengxiang to the hospital, Deng Dengxiang died of hemorrhagic shock due to too long delay.
After the incident, the families of the deceased, He Deng and Liu Kaiping, took the Gengma County People's Hospital and the traffic police brigade of the Gengma County Public Security Bureau to court on the grounds that the 120 ambulance did not leave the car and the traffic police mishandled it at the scene of the accident.
Recently, the lincang Intermediate People's Court made a final judgment on this case, and Gengma County People's Hospital compensated the family of the deceased for more than 6,543,800 yuan. The court found that the police of the traffic police brigade of Gengma County Public Security Bureau did not have administrative violations in traffic law enforcement.
120 ambulance can't leave?
On June 12 and 17, Deng Dengxiang, an employee of Mengsheng Gas Station in Gengma County, called his parents after eating (drank wine during the meal) and set foot on his way home. His colleague advised him: "You can't ride a motorcycle after drinking." "No, I will ride slowly." He replied.
At about 20: 55 on the same day, when Deng Dengxiang drunk and drove his motorcycle to K 1 1+0m on the Geng-Cang line, the road was wet and slippery, and he collided with a tractor driven by Li Jierong, resulting in an open fracture of his right leg and knee joint.
At the time of the incident, the people at the scene dialed "1 10" and "120" medical emergency numbers. 2 1: 06, the traffic police department of public security received an alarm. The police arrived at the scene of the accident at 2 1: 30, and 120 ambulance never arrived at the scene.
"The responsibility is all on me. Please help me first. " The injured Deng Dengxiang told the police who came to deal with the accident, and the people present also asked the police to take Deng Dengxiang to the hospital with a police car. The police refused on the grounds that the survey vehicle dispatched by the police could not pull the wounded. At the same time, the police dialed "120" medical emergency number at the scene, and the duty officer replied: "The car is broken, please ask the traffic police to find a vehicle at the scene to send the wounded as soon as possible."
After confirming that the 120 ambulance could not reach the scene, the police intercepted the passing vehicles to transport Deng Dengxiang, but the passing vehicles were unwilling to transport the wounded. The police had to call the ordinary truck at the duty station to carry Deng Dengxiang and send it to Gengma County People's Hospital. The time to arrive at the hospital is 22: 50. Deng Dengxiang, who was still able to speak after arriving at the hospital, became seriously ill and died at 0: 03 on June 18 after being rescued.
After the traffic accident, the traffic police brigade of Gengma County Public Security Bureau made a road traffic accident responsibility determination, Deng Dengxiang took the main responsibility, and Li Jierong, who was drunk driving a tractor, took the secondary responsibility. Since then, tractor driver Li Jierong was sentenced to two months' criminal detention and suspended for four months by Gengma County People's Court for dangerous driving. Li Jierong was sentenced to compensate Deng Dengxiang's family for economic losses of 63,375.50 yuan.
The hospital awarded the family of the deceased compensation of 6.5438+0.6 million yuan.
Deng Dengxiang's parents, He Deng and Liu Kaiping, took Gengma County People's Hospital to court and claimed more than 460,000 yuan. Gengma County People's Court made a first-instance judgment, and Gengma County People's Hospital compensated He Deng and Liu Kaiping for various losses of more than 80,000 yuan. He Deng, Liu Kaiping and Gengma County People's Hospital refused to accept the first-instance judgment and appealed.
The lincang Intermediate People's Court held through trial that the "120" first-aid station in Gengma County belongs to the emergency department of Gengma County People's Hospital and co-located with the emergency department. The director of "120" first-aid station is concurrently held by the hospital president, and the deputy director is concurrently held by the emergency department of the hospital. After receiving the "120" medical emergency call, Gengma County People's Hospital failed to send a car and medical staff to the scene of the traffic accident to perform medical emergency obligations, which objectively led to the victim Deng Dengxiang's open fracture injury of his right leg and knee joint not being treated in time. Although the staff of the "120" first aid station in Gengma County told the police that "the car is broken and cannot be driven", as a medical emergency department, it should always ensure that emergency vehicles are put into emergency service. The reason for not being driven is its own reason, and it should bear the corresponding liability for compensation. Gengma County People's Hospital was sentenced to compensate He Deng and Liu Kaiping for various losses of 1.6 million yuan.
In addition, Lincang Branch of China People's Property Insurance Co., Ltd., both defendants, was ordered by the court to compensate He Deng, Liu Kaiping 1 1 000 yuan within the liability limit of compulsory motor vehicle third party liability insurance.
Did the traffic police commit any administrative violations?
After the Gengma County People's Hospital was brought to court, He Deng and Liu Kaiping believed that the improper handling of the traffic police at the scene of the accident objectively delayed the treatment of the injured and eventually led to the death of the injured. The traffic police brigade of Gengma County Public Security Bureau was brought to court and ordered to compensate for various economic losses of 888 149.6 yuan.
"Most of the space of the survey vehicle on the police has been occupied by instruments, and the injured Deng Dengxiang cannot move at will. In order to avoid secondary damage to it, it can't be moved to the survey vehicle. Subsequently, the police immediately mobilized the ordinary truck on duty to carry Deng Dengxiang and took him to the hospital. However, Deng Dengxiang died of hemorrhagic shock due to excessive blood loss. The police fully fulfilled their legal obligations and there was no failure to fulfill their rescue obligations. " The person in charge of the traffic police brigade of the Gengma County Public Security Bureau said. The first-instance judgment of Gengma County People's Court rejected the claims of He Deng and Liu Kaiping against the traffic police brigade of Gengma County Public Security Bureau. He Deng and Liu Kaiping appealed against the judgment of the first instance.
The Intermediate People's Court of lincang held through trial that the police of the Traffic Police Brigade of Gengma County Public Security Bureau, when dealing with traffic accidents, actively took rescue measures for the injured according to relevant regulations and common sense, fulfilled their legal obligations, and there was no administrative violation.
Emergency vehicles were added to the "120" emergency station in Gengma County.
"The main reason for this incident is the shortage of medical personnel and emergency equipment in Gengma County, and the emergency station in Gengma County'120' cannot work normally." The person in charge of the Gengma County Health Bureau said. It is understood that after the incident, emergency vehicles were added to the "120" emergency station in Gengma County. The reporter saw at the entrance of the emergency department of Gengma County People's Hospital that two "120" ambulances were parked at the door.
It is understood that the "Management Measures for Pre-hospital Medical Emergency" issued by the National Health and Family Planning Commission came into effect on February 1 2065438. The Measures stipulate that local health and family planning administrative departments at or above the county level should rationally allocate ambulances according to regional service population, service radius, geographical environment, traffic conditions and other factors, and emergency centers (stations) should be equipped with special personnel to accept "65438" 24 hours a day. After receiving the "120" pre-hospital medical emergency call, the emergency center (station) shall quickly dispatch ambulances and pre-hospital medical emergency professionals according to the needs of pre-hospital medical emergency. Do not refuse, prevaricate or delay pre-hospital medical emergency services due to command and dispatch reasons.
? Reporter? Song Peng Ru