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Huang Yan: Examination tooth disease causes biza
From;    Author:Stand originally
Recently, the case of life power issue that forensic first instance adjudicated Huang Yan to check tooth disease to cause bizarre death together, the Ling of the accused Cao that adjudicates hairdressing of open oral cavity serves a ministry (alias) to the patient death assumes the liability to pay compensation of 60% , namely one-time compensation gives the dead's family member each pecuniary loss 108314.7 yuan, solatium of other compensation spirit 20 thousand yuan. The Cao Ling that checks tooth disease to cause   of bizarre death   28 years old presses down open in bridge of yellow cliff courtyard hairdressing of oral cavity of a Kang Jieli serves a ministry (Kang Jieli of the following abbreviation serves a ministry) , its are industrial and commercial the scope of operations of the approve that register serves for oral cavity hairdressing, but certificate of hold doctor qualification and doctor hold the Cao Ling of industry letter, in Kang Jieli service ministry obtains medical establishment without concerning a branch to examine and approve hold below the circumstance of licence of course of study, still undertake activity of oral cavity diagnosis and treatment at the same time. On June 15, 2007 morning 9 when make 30 minutes, mr Sun of 43 years old drives because of toothache the Kang Jieli that car comes to to Cao Ling serves a ministry to check tooth disease. Cao Ling comes on to Mr Sun place undertakes wiping with tampon, touch an examination with medical treatment appliance, mr Sun is informed to tooth of eat by moth and inflammation cannot unplug after tooth, cao Ling opened acetanilide, antiphlogistic medicine to give Mr Sun, mr Sun pays 40 yuan hind sit to rest inside inn. Right now, mr Sun has contacted meeting client to wrap a gentleman to talk with Mr Sun beforehand. Gentleman of the bag between the way one speaks or what he says discovers Mr Sun occurrence complexion is hoar, breathe the phenomenon such as difficulty, enquire with respect to Xiang Caoling, and Cao Ling is seeing a tooth to another patient right now, did not take step instantly. Via the bag the gentleman urges after, cao Ling just adopted clutch grandson gentleman " philtrum " and wipe with alcohol facial etc deal with measure, made telephone call of 120 emergency treatment at the same time. Hind car of 120 emergency treatment sends stage state city hospital of the first people Mr Sun (stage of the following abbreviation one cure) rescue, when one cure begins rescue, reaching a desk already was 10 when 40 minutes. That day afternoon 2 when, mr Sun disables because of rescue death. Account of courtyard honest case history: Acute miocardial infarction. After dentist rejects to mediate   accident, mr Sun family member asks to handle at pressing down a government to courtyard bridge on June 18, 2007, offer body appraisal, investigate the criminal duty of Cao Ling illegal practise medicine. On June 19, courtyard bridge town mediates committee to inform Cao Ling will understand a situation, listen to whether to agree with the opinion such as body appraisal, dan Caoling pussyfoot, avoid after outer 8 days, send intercessory committee to cannot contact him Cao Ling all the time. The cadre presses down in courtyard bridge after persuade for many times below, mr Sun family member agrees to cremate the body a bury first. On June 21, mr Sun body is cremated. Because Cao Ling does not agree to mediate, on July 11, 2007, courtyard bridge town mediates committee to issue mediation terminative book. With day, health bureau of yellow cliff area makes administration punish decision book to Cao Ling, cognizance Cao Ling did not obtain medical establishment hold licence of course of study undertakes activity of oral cavity diagnosis and treatment, instruct its to stop hold industry activity, penalize a fund 10 thousand yuan. Of the same age on August 11, mr Sun family member to forensic to lodge a complaint, vivid cost of the compensation of death of compensation of requirement Cao Ling, funeral expenses, medical expenses, life that be brought up 200 thousand yuan reach mental solatium 50 thousand yuan. Argue of Cao Ling criterion says: The dead because miocardial infarction death and oneself are nonexistent causal, should not assume liability to pay compensation. In cognizance, the court ever entrusted concerned branch to have identification to Mr Sun cause of death, but because do not have the reason such as cadaver check report, concerned branch is informed cannot have identification. Judge view: Cannot quote agree carries   of liability to pay compensation after this case first instance is adjudged, advocate careful judge is solved to adjudicating reason gives. Advocate careful judge thinks, mr Sun serves a ministry to check cure to Kang Jieli because of toothache, before long Mr Sun disease sends death, the fact is clear. Ling of the accused Cao although certificate of posses doctor qualification and doctor hold industry letter, beautiful service ministry fastens Dan Kangjie individual and industrial and commercial door, the scope of operations of the industrial and commercial approve that register serves for oral cavity hairdressing. Accordingly, cao Ling is in obtain medical establishment without concerning a branch to examine and approve hold activity of diagnosis and treatment is developed below the circumstance of licence of course of study, the medical treatment safety that should maintain its not to have place of normal medical establishment to should be had ensures establishment and condition, its answer to the activity of diagnosis and treatment of Mr Sun qualitative for illegal practise medicine. According to concerned law provision: Because of the tort litigation that medical treatment behavior causes, by cure of medical establishment go to a doctor behavior and damage a result between nonexistent causal reach fault of nonexistent medical treatment to assume quote responsibility. Although the service department that Cao Ling runs did not obtain medical establishment hold licence of course of study, but Ling of its owner Cao carried out medical treatment behavior to Mr Sun, cannot belong to illegal practise medicine because of its and avoid its quote responsibility. That is to say, the quote responsibility of this case executes convert, should You Caoling with respect to its medical treatment behavior and damage a result between nonexistent causal assume quote responsibility, should maintain its otherwise medical treatment behavior and damage existence is causal between the result with fault of existence medical treatment. After this case accident happens, cao Ling is inactive the harmonious processing that treats concerned branch, avoid outer, it is Mr Sun body fails one of anatomical reasons. And autopsy is to know medical treatment of definitive edition case behavior and damage whether to exist between the result causal reach whether to exist the important basis of medical treatment fault. Because Mr Sun body fails to anatomize actually,wait for an element, forensic postmortem entrusted appraisal to also lose the maneuverability on the technology, the dead appraisal conclusion that brings about Mr Sun to make clear cannot get. According to the regulation of concerned evidence regulation, cao Ling cannot the medical treatment act that quote proves him and damage a result between nonexistent causal with fault of nonexistent medical treatment, should maintain its namely medical treatment behavior and damage existence is causal between the result with fault of existence medical treatment. According to the actual condition of this case, the court drinks Ding Caoling answers Mr Sun death to assume the liability to pay compensation of 60% .

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