To unplug a Bingya, Fenyi County People's Hospital surgeon Liang Zhiqiang wife suggestion,scarpe hogan scontate online, please colleagues general anesthesia extraction surgery. Unexpectedly, after Liang Zhiqiang it into a long coma and eventually became a vegetative state, was identified as a disability.

After the accident, the family accused the hospital mismanagement caused the damage occurred, requiring hospital compensation. The hospital places Liang Zhiqiang extraction is not registered,, the behavior of medical personnel in violation of the relevant provisions of an individual behavior hospital refused to take responsibility.

After nearly two years of litigation, the Court of Final Appeal ruling hospitals bear 80% of the responsibility. Subsequently, the hospital believes at fault in the accident, its made the decision, and to ​​hospital 26% of couples bear responsibility.

Terrible toothache

April 16, in Fenyi County People's Hospital ward, half-open eyes lying in bed, eyes hollow, occasionally unconsciously Zaza Zui Ba; most of the time, so he lay motionless. In this bed, he has been lying for a whole two years.

If it is not an accident that two years ago, and today he may also work in the opposite surgical floor for patients relieve pain; medical personnel in the public bar on the first floor of the hall, one should also find this young pale face The following are noted: "Liang Zhiqiang, a surgeon."

Everything starts with a terrible pain Bingya.

March 4, 2008 at 4 pm, Liang Zhiqiang because of toothache, already lying on the desk in a good while. Fengyun Bingya have tortured him for several days, he decided to unplug.

Liang Zhiqiang found in the emergency department as a nurse's wife Zhang Qin (a pseudonym), so she went to the hospital to accompany their dental extractions. February 28, just two marriages registered in the Civil Affairs Bureau, not enough time to entertain friends and family, told the news.

Zhang Qin Huang immediately call the dental physician's phone and asked him to Liang Zhiqiang extraction. Was originally due to two neighbors, Hwang very readily agreed.

The couple do not have registered it directly to dentistry. Hwang's view of the situation with 3 ml "lidocaine" for local anesthesia; may still been sore. Hwang anesthetic just did not play quasi-suspect, he called to the dental Liu, deputy director of the physician, let him help.

After Liu arrived for a 3 ml sidebar "lidocaine," were right slot nerve block anesthesia, but still claimed to feel significant pain Liang, Liu decided to stop extraction and suggested beams go home service twenty-three days anti-inflammatory drugs again.

Liang Zhiqiang struggled in vain to see the way, his wife Zhang Qin very bear, so she suggested her husband consider anesthesia.

Perhaps let days of unbearable toothache, a little consideration, he agreed to the recommendation of his wife. Liu and Huang side of the busy,giubbotti moncler outlet, said he has never done anesthesia extractions,hogan scarpe outlet, but not prevent Liang Zhiqiang couple's decision.

Anesthesia, tooth pulling into a vegetative state

After her husband's consent, Zhang Qin then contacted the assistant practicing anesthesiologists a strict. 17:25, Yan rushed to a dental.

When you are ready to narcotic drugs,outlet moncler online italia, Zhang Qin himself strong anesthetic injection for her husband, took over only after a strict, continue to implement anesthesia.

A little while, anesthetic onset, and Ryu continue to help Liang Zhiqiang extraction. Liang Zhiqiang sinking tortured many days of Bingya finally been successfully removed. But Liang Zhiqiang not immediately clear, the presence of several doctors have not cleared the force that is the reason anesthetic, still need a period of observation.

But before long,, the accident happened. Zhang Qin found her husband's face became very pale, his lips bruising; approached peek and found breathing and heartbeat have stopped. The presence of people suddenly tense, immediate implementation of external cardiac compressions, endotracheal intubation and mechanical ventilation and other rescue measures .

Soon, Liang Zhiqiang pushed into the emergency department for emergency treatment. After that, Liang Zhiqiang although restored heartbeat, breathing, but always in the unconscious state. Evening 7:20, Liang Zhiqiang was admitted to hospital inpatient treatment.

Two days later, was transferred to the First Affiliated Hospital of Nanchang University for treatment that night and into the People's Liberation Army 1994 emergency hospital. Diagnosis two hospitals are "hypoxic-ischemic encephalopathy."

A week later, due to poor efficacy, was discharged from the hospital in 1994, returned to Fenyi County People's Hospital continues to be hospitalized so far, two years has been in vegetative state. After Jiangxi realistic forensic center was identified as a disability, is totally dependent on care.

Acts as a focus of controversy whether duties

After the accident, 's family believes that hospitals in the medical activities, in violation of medical and health management laws, administrative regulations, departmental rules and norms medical care,scarpe hogan prezzi, routine,,scarpe hogan saldi, resulting in serious consequences level of disability.

"Yan a physician anesthesia achieved only practicing physician assistant qualifications, according to" Medical Practitioners "Article 30 stipulates that practitioners should be under the guidance of assistant doctors practicing physicians in the medical, prevention, health care institutions in accordance with their occupational categories practice, and a strict implementation of the anesthesia, but independent behavior. "Liang Zhiqiang brother Liang Zhiguo said.

Moreover, anesthetics are prescription drugs,,scarpe hogan offerte, patients practicing physicians prescribing narcotic drugs must have the right to issue special after only receiving prescriptions, physicians do not have the qualifications of a strict prescription drugs, but easily remove the spare anesthetic from the department, this point has also been considered a hospital for drug lax management performance.

Given this, Liang family sued fenyi County People's Court for Fenyi County People's Hospital liability. Fenyi County People's Court on February 27, 2009 hearing of the case.

Trial, the hospital argued that the hospital has not been established between contractual relationship between doctors and patients, because the plaintiff has not registered tooth extraction, tooth extraction and related physician Liang couples are privately hired help, they are not fulfilling their duties behavior, but personal behavior. Friends sensibilities because of a strict violation of hospital drug regulations, unauthorized access from the operating room anesthesia anesthetic conduct for the plaintiff, the defendant is the misappropriation of public property for private practice behavior,sito ufficiale moncler, not a job behavior. And after the plaintiff anesthesia in outpatient extraction work, the medical staff were not involved in the performance of official conduct, but to use its health care identity theft accused privately drugs and devices for practice. Therefore, the main fault in couple, secondary liability in the relevant personnel involved in the illegal practice of medicine, and hospitals without any fault.

Hospital sentenced to bear responsibility for 80%

Fenyi County People's Court held that registration is only a written proof of the doctor-patient relationship is established contract rather than a contract to build the necessary conditions for the doctor-patient relationship, the original, both defendants had been formed before the accident in fact the doctor-patient contract relationship.

Certain medical practices Hwang, Liu, Yan is to perform his duties behavior. Because health behaviors occur in the above-mentioned medical staff working hours, from four o'clock in the afternoon began, is a continuation of medical practice, can not be split apart; hospital's medical staff who are completely in charge of the hospital's use of its related medical equipment, devices, drugs and convenient conditions for Liang Zhiqiang conduct clinics, is at work, place of work,, job, in charge of the hospital's use of its facilities and equipment, pharmaceutical facilities, as Liang Zhiqiang treatment, they are in the performance job behavior. By law,moncler piumini outlet, the hospital should bear responsibility for their mistakes.

In addition,,hogan uomo prezzi, due to the hospital to give Malpractice, indicating that it give up the burden of proof in infringement proceedings caused by medical practices in the implementation of the burden of proof reversed, hospitals should bear the legal consequences of proof can not therefore be presumed to have medical mistakes.

July 28, 2009, the Court of First Instance judgment fenyi County People's Hospital to bear 80% of the responsibility for losses, compensation for economic losses and mental damages totaling 522,241.44 yuan, paid over five years.

But both sides are satisfied with the verdict, were appealed.

January 19, 2010, Xinyu City Court ruling, upheld the verdict and asked the hospital to be a lump sum compensation payments.

"Double responsibility" cited dissatisfaction with their families

said, March 17, 2010, his family and attorney came fenyi County People's Hospital, discuss the implementation of related matters, but was told the hospital, the hospital Court ruling recognized, but compensation payments within the hospital to wait for the parties Doctors division of responsibilities penalties after the introduction of re-payment.

And on March 9, Fenyi County People's Hospital to make "decisions incident handling medical errors", "people were given the responsibility of Steve Leung (rule) is strong,hogan italia, a strict, Zhang Qin, Liu, Hwang amount of compensation 19 %, 8%, 7%, 4%,, 2%, as economic sanctions. "

The hospital said that part of the responsibility to bring the court sentenced the couple compensation payments and should bear each other deductible, then pay the remaining part Liang Zhiqiang families.

The hospital internal documents caused strong dissatisfaction family. They believe that the judgment has been explicitly mentioned bear 20% of the responsibility themselves, then why make the hospital internal punishment?

In this regard, the hospital explained that Liang Zhiqiang couples the same as the hospital staff for violation of hospital rules and regulations lead to medical malpractice,hogan scarpe prezzi, resulting in losses to the hospital, the hospital is entitled to make a decision on punishment. Court judgment to bear 20% of its responsibility, is based on the identity of the two men suffering from side made, so the two are not in conflict.

Associate Professor of Political Science and Law, Jiangxi Normal University were Zhixiang that the hospital staff's fault for the hospital to make the punishment there is no reason, just to prove that such punishment is made in accordance with rules and regulations, but it should be a good grasp of the extent and amount of specific penalties. "As a hospital administrator, in medical malpractice may bear responsibility for mismanagement, even caused due to the fault of the staff, the punishment should follow the principle of fairness, if blindly shirk responsibility, on unconscionability of."

However,, how to measure the internal division of the fault, were Zhixiang said that at present there is no clear basis and regulations.

Seeking to enforce the encounter "was conciliation"

Because the hospital has yet to fulfill the court decision, the family had to apply to the court beam of enforcement. However, the reaction of the hospital again, contrary to their expectations.

"After the hospital received notice of the court to enforce proposed mediation request, but the condition is still the 'deduction share responsibility Liang Zhiqiang, Zhang Qin duo from the execution paragraph'." said he felt the sincerity of the hospital did not mediate .

Meanwhile, Zhang Qin also facing an embarrassing situation, "after the accident, I still continue to work in the hospital, the unit continues to put pressure on me."

March 31, the hospital agreed to draft a statement of a conciliation agreement, the hospital called Zhang Qin separate office and started "doing her job." Because of fear of being fired, Zhang Qin finally signed his name.

But the next day, Zhang Qin Xiang court submitted a second statement, affirming the first to write a statement that is a last resort, and to solemnly reaffirm disagree with the implementation of deductible payments and share their commitment.

As of press time, the family has not yet received the beam execution models of the hospital.

Text / Chart reporter Wei Fu