ReporterChen Tongtong Ji one nine years old because of fracture treatment ,obey orders and installation of artificial femoral head ,only six years after femoral head fracture in vivo ,despite treatment is taken out, still cause permanent paralysis .
Elderly family members will operation hospital and manufacturers together on the court .Recently, the case in the District Court of First Instance sentenced ,femoral head producer is sentenced to compensate for the old man lost a total of more than 18 yuan ,china electronics direct, ;operation hospital responsible for compensation .
Plaintiff: six years of use ,prosthesis fracture Narrator: in 2010 June, a paper petition sent to the district court ,nine years old Wang Hua (a pseudonym ) children sued the Shandong hospital and Beijing a prosthesis manufacturers ,known by the installation of artificial femoral head is broken by accident ,cause great harm to the elderly .
Judge: why the installation of artificial femoral head ?Plaintiff: old mother in 2003 due to a right femoral head fracture, to a Shandong hospital for treatment, the hospital recommended the use of a Beijing prosthesis manufacturers products ,and operation .
Judge: postoperative when found the problem ?Plaintiff: old man right leg postoperative has numbness and pain ,but the doctor said is the need to adapt ,we also did not care .Judge: when a problem ?Plaintiff: after six years, the old scholastic method for in vivo diagnosis Artificial femoral head fracture .
In 2010 May, accepted the removal operation .Postoperatively, old only suffered physical and mental suffering ,and have to face the cruel reality of life can not stand .Our families and hospitals and manufacturers to reach a unanimous decision ,choice of action .
The two defendants :prosthesis fracture of the accident ,should not be in charge of vo :the process of responding ,the hospital and the producers are presented, prosthesis in Wang Hua old body fracture belongs to unexpected circumstances, two defendants should not bear the responsibility .
Judge: the hospital do you think should bear the responsibility ?The defendant hospital :the artificial femoral head replacement to the prosthesis fracture ,the time span of six years ,during which the normal use condition ,confirm the operation effect is good ,and the prosthesis fracture operation no causal relationship .
And the use of artificial prosthesis has a legitimate source ,does not exclude the plaintiff .Judge: manufacturers have what opinion ?The producers :our company has three types of medical equipment products production license ,business license ,hip ,knee and other product registration card,cheap China electronics Wholesale, and through certification ,as the legitimate artificial joint production enterprises .
Voice: manufacturers think at the same time ,prosthesis in the old body fracture ,there are many cases ,if want to assume responsibility ,must prove artificial femoral head fracture .Otherwise ,it does not bear liability for damages .
Problem: the domestic related identification mechanism narrating: in the case of being Lixia District Court accepted, prosthesis for manufacturer to provide product quality appraisal application ,cases of discontinuance .
In product quality identification process,direct from china electronicsCivil servants from bickering use a hammer to kill his wife and cent (g, because the identification of samples is not in the identification of bodies identified the project scope ,and currently there are no identification of the test material ,the prosthesis manufacturer identification application was rejected .
Cases of recovery procedure .A trial of presumed :artificial femoral head defects existing in case analysis :Lixia District Court that the defendant ,the original ,all parties recognized artificial prosthesis generally life in more than ten years, and the defendant hospital for the implantation of an artificial prosthesis in use after six years in vivo fracture ,the defendant to prove that the plaintiff in the process of using improper use fault, and the artificial prosthesis no quality defects of relevant evidence ,in order to exemption .
The old man Wang Hua was 97 years old ,its flexibility ,weight-bearing ability and other aspects will get very big limitation, so the product of normal body fracture ,and the defendant cannot prove the existence of improper use of fault, it shall bear the burden of proof of the defendant .
As a producer ,although the defendant prosthesis manufacturers offer products production permit ,business license to prove the quality of products qualified ,but the evidence of belonging to the enterprise product quality system certification ,dropship wholesale electronicsLiu Ping and others holding the railway ministry in 1995 issued China,does not prove that the products meet quality standards .
The court thinks with the available evidence ,cannot prove that the plaintiff has improper use of the fault and the product does not exist quality flaw evidence ,therefore presumed that the defendant produced by artificial femoral head defect in quality .
District of Beijing court first trial prosthesis producer compensation old Wang Hua including medical expenses ,nursing care, disability compensation for spiritual damages ,totalling 18 yuan .
The plaintiff has the right to ask the hospital to advance hospital compensation ,subsequent to prosthesis producer responsibility to recover .To share: welcome to comment I want to comment
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