The village doctor broke the old man's ribs and the defendant's court ruled
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Last Update: 2020-01-05
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Source: Internet
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Author: User
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"It's instinctive to be saved in this situation But when the video gradually becomes the evidence of human nature, it is also sad " Village doctor Sun said According to media reports, on September 7, 2017, Sun Mou broke 12 ribs of a woman Qi Laotai (pseudonym) who fainted in her drugstore during cardiopulmonary resuscitation At the end of October of that year, Sun received a lawsuit from the court The woman sued sun, saying that sun needed to compensate for her hospital expenses of nearly ten thousand yuan At the same time, after the assessment of disability level, she also needed to compensate for the disability compensation Recently, the people's Court of Kangping County, Liaoning Province made a judgment on the civil case in September 2017 At about 10:00 on September 7, 2017, 72 year old Mrs Qi came to the shenyitang pharmacy at the north gate of the residential area "Kangcheng Yipin", Yingchun Road, Kangping County, Shenyang, Liaoning Province, to buy medicine In the process, she fainted and Mr Sun, the owner of the store, performed cardiopulmonary resuscitation 20 minutes later, Mrs Qi was sent to the people's Hospital of Kangping County by 120 ambulance According to the diagnosis of Kangping County Hospital, Qi Laotai suffered multiple rib fractures (12 rib fractures), hypokalemia and right lung contusion After 18 days of hospitalization, Mrs Qi left the hospital and returned home for further recuperation During her stay in hospital, she spent nearly 6000 yuan on medical treatment Later, the old man sued Mr Sun and claimed 9846.72 yuan for medical expenses, nursing expenses, food allowance and transportation expenses, excluding disability compensation Mr Sun said that he had a "rural doctor's license" and a "practicing doctor's license", and there would be no mistake in the judgment of the aunt's physical condition and in the operation of CPR The whole pressing process lasted for about ten minutes, during which the woman had recovered consciousness and had obvious movements in her body Then the woman was picked up by the ambulance In November 2018, the court invited medical experts for consultation, the experts held a hearing, and inquired about the parties Experts concluded that the plaintiff's use of nitroglycerin drugs had no inevitable causal relationship with cardiac arrest, and the defendant did not violate the diagnosis and treatment norms in the process of cardiopulmonary resuscitation for the plaintiff, and should not bear the rescue fault On December 31, 2019, Mr Sun obtained the civil judgment of the local court, which decided to reject the plaintiff's claim Mr Sun said that he was very pleased to hear the verdict Talking about how to deal with similar situations in the future, Mr Sun said: "it is instinctive that we must be saved in the future, but we have to consider the consequences of the rescue, and we have to leave evidence, otherwise we will not be involved in the matter?"? This leads to a new problem When the video gradually becomes the evidence to verify human nature, it is actually sad " In the face of time and again "hard work and no flattery", many people wonder whether they need to bear the responsibility in the end if they cause damage to the aided person when saving people in public places? Especially doctors, because of their identity, it is inevitable to treat others outside the practice place Should they do something in case of emergency? For these puzzles, the law has detailed provisions Article 184 of the newly revised general principles (Draft) of the civil law states that "the salvor shall not bear civil liability for the damage caused to the aided person due to the voluntary implementation of the act of relief" For non professionals, when treating others in public places, several conditions need to be met The first is that the rescuer's emergency rescue behavior is based on voluntary, that is to say, act bravely and help others, not professional rescue behavior The second is that the rescue occurs under the emergency situation, that is, the physical health of the aided person is in an emergency situation and needs immediate rescue Third, there is a causal relationship between the damage suffered by the aided person and the emergency rescue If the damage is caused by the behavior of the rescuer before or after the emergency rescue, the provisions of this law cannot be applied to exempt For professionals, the implementation of emergency rescue needs to follow the principle of first aid, that is, to be professional, otherwise they may also be responsible Sun has a doctor's qualification certificate and belongs to a professional But the expert group's appraisal has proved that he does not violate the diagnosis and treatment standard in the implementation of cardiopulmonary resuscitation, and should not bear the rescue fault.
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