To see a doctor for a patient, to taste Chinese medicine and die

On November 21, the people's Court of Weidu District of Xuchang City heard a case of death caused by poisoning of traditional Chinese medicine by a village doctor, and sentenced an insurance company in Xuchang to pay 50000 yuan to Zheng for his death Zheng, 59, was a doctor in a village of Xuchang County In the morning of May 18, 2013, Zheng tried a traditional Chinese medicine during the treatment of a patient After taking the medicine for a short time, he felt sick, and then he had symptoms such as unconsciousness, vomiting, convulsion, and dyspnea When the family members found out, they were sent to the hospital for treatment After rescue, they died on the same day After Zheng's illness was diagnosed as Chinese medicine poisoning On March 12, 2013, Zheng once applied for accidental injury insurance (quota) to an insurance company in Xuchang, covering the period from 0:00 on March 13, 2013 to 24:00 on March 12, 2014 The insured shall pay 50000 yuan for accidental death, disability and burn Zheng's family and the insurance company could not reach an agreement on whether the death of Zheng was in accordance with the contract, such as "accidental injury resulting in death", so Zheng's family sued the insurance company to the people's Court of Weidu District In the trial, the insurance company believed that Zheng, as a doctor, should fully understand the drug properties and have foreseeability of the consequences of taking Chinese medicine, so Zheng had intentional behavior According to the court, suicide by natural persons is generally a kind of behavior taken due to major changes in life and unbearable psychological pressure Before suicide, there should be obvious behavioral abnormalities In the case, Zheng died of poisoning due to tasting traditional Chinese medicine during his normal medical treatment, and his work and life did not show any abnormal phenomenon The insurance company thought that Zheng's defense opinion of self injury or suicide due to intentionally taking toxic traditional Chinese medicine was not accepted by the court due to insufficient reasons Zheng's poisoning of trying traditional Chinese medicine is beyond Zheng's foreseen scope and violates Zheng's original intention The injury belongs to accidental, sudden, non self, non original and non disease injury Because the injury causes Zheng's death, the insurance company, as the insurer, should fulfill the obligation of paying death insurance premium.