Fei moumou's medical damage liability dispute case

Fei moumou's medical damage liability dispute case

Brief introduction of the case

When driving a small car to Dongxie Road, Daishan County, Zhoushan City, Zhejiang Province, Mi Moumou collided with the electric bicycle that Fei Moumou was riding, causing traffic accidents in which two cars were damaged and Fei Moumou was injured. The accident caused Fei's right arm injury, which was diagnosed as right arm plexus injury by county hospital. After hospital treatment, Fei's right arm has not improved, and he still has symptoms such as swelling of his right hand and pain in his right upper limb, which seriously affects his daily work and life. Fei felt that improper treatment in the hospital caused the right arm to be incurable, so he applied to the Medical Association for medical malpractice identification, which constituted a third-class medical accident, and the hospital was liable for compensation. Since then, Fei Moumou has negotiated compensation with the hospital many times, but it has not been resolved.

Fei Moumou went to Daishan County Legal Aid Center to apply for legal aid. The staff of the legal aid center reviewed the evidence materials provided by Fei Moumou and the proof of economic difficulties issued by the community. They think that Fei Moumou can't work because of a medical accident, and his income is seriously affected. They decided to give legal aid according to law and appointed lawyers from Zhejiang Heyi Guanda Law Firm to undertake the case. ?

After accepting the assignment, the lawyer met with Fei Moumou for the first time to learn more about the case and the progress of the matter. The lawyer noticed that Fei had applied to the mediation organization for mediation, but the dispute between doctors and patients led to unsuccessful mediation. Now Fei Moumou's right arm still needs bandage fixation, and the pain is not limited. I can't rest normally at night, which seriously affects Fei's life. In addition, since the incident, all medical expenses have been paid by Fei Moumou himself, and Fei Moumou can't work normally, which has brought economic pressure to the originally poor families. According to Fei's appeal and the evidence provided, the lawyer analyzed the case and thought that the facts of the case were clear and the evidence was sufficient. The controversial point is how to determine the compensation amount and the compensation ratio between doctors and patients.

Knowing that Fei Moumou still has mediation intention, I hope to solve this matter as soon as possible and return to normal life. The lawyer formulates a compensation plan according to law and analyzes it to Fei Moumou. Fei Moumou expressed his willingness to claim compensation from the hospital according to the plan put forward by the lawyer. At the same time, the lawyer went to the mediation agency to understand the situation. Thanks to the efforts of lawyers and repeated communication with the hospitals involved, the mediation plan has been revised several times, and the compensation ratio of the hospitals involved has increased from 60% to 80%. Fei Moumou reached a mediation agreement with the hospital, and Fei Moumou received compensation of 33,000 yuan for medical expenses, nursing expenses and lost time. The hospital involved paid all the money three days after the signing of the mediation agreement. Fei was very satisfied with the result, and presented the county legal aid center with a banner of "solving problems for the people according to law, and legal aid warms people's hearts", thanking the legal aid center and aid lawyers for their work.

Case review

After the medical malpractice dispute, there is a big dispute between doctors and patients on compensation, which has not been solved for a long time. Legal aid lawyers first analyze the case from the perspective of jurisprudence and reason, issue a legal plan, and actively investigate and collect evidence. Through effective communication with the hospitals involved, we can use the power of evidence to legally and reasonably strive for the maximum rights and interests, help the vulnerable patients in medical disputes get legal help, popularize the law by case, and let those in need take up legal weapons to safeguard their legitimate rights and interests.

Recommended reason

After the medical malpractice dispute, there is a big dispute between doctors and patients on compensation, which has not been solved for a long time. Legal aid lawyers first analyze the case from the perspective of jurisprudence and reason, issue a legal plan, and actively investigate and collect evidence. Through effective communication with the hospitals involved, we can use the power of evidence to legally and reasonably strive for the maximum rights and interests, help the vulnerable patients in medical disputes get legal help, popularize the law by case, and let those in need take up legal weapons to safeguard their legitimate rights and interests.

Expert evaluation

It is an inevitable requirement of socialist rule of law construction and an important measure to maintain social harmony and stability to promote more legal forces to guide and improve the comprehensive mechanism of multiple prevention, mediation and resolution of social contradictions and disputes. The case is not complicated, but the contradiction has been unresolved for a long time and mediation is difficult. It is of positive significance to help lawyers focus on solving cases, use legal professional knowledge and skills, and help parties effectively promote mediation and reconciliation, which is conducive to promoting social harmony and stability.