□ newspaper reporter Chen Tongtong
Jinan nineteen ten days old admitted to hospital due to fracture, follow your doctor installed femoral head, only six years after the femoral head fracture in the body, despite treatment removed, is still causing paralyzed for life. The families of the elderly surgical hospitals and manufacturers together to court. Recently, the case in the Court of First Instance sentenced Lixia District, manufacturer of the femoral head was sentenced to more than compensate for the elderly lost a total of 18 million, jointly and severally responsible for compensation for hospital surgery.
Plaintiff: use six years, implant rupture
NARRATOR: In June 2010, a lawsuit filed under the District Court to the calendar,Mens MBT Moto Boots, ninety old Wang Hua (alias) of the children sued a hospital in Shandong and Beijing a prosthesis manufacturer, said the accident by the installation of the artificial femoral head fracture, causing great harm to the elderly.
Judge: why the installation of artificial femoral head?
Plaintiff: old mother in 2003 because of the right femoral head fractures, to a hospital for treatment in Shandong, the hospital recommended the use of the Beijing-based prosthesis manufacturer of the product, and surgery.
Judge: When after that the problem?
plaintiff: elderly patients have numbness and pain in right leg, but doctors say is the need to adapt, we did not care.
Judge: When the problem worse?
Plaintiff: after a lapse of six years old after the hospital diagnosed as fracture of femoral head in vivo. In May 2010, received out of surgery. After surgery, the elderly not only to withstand the physical and mental suffering, and can not stand to face the harsh reality of life. Our families have failed to reach hospitals and manufacturers unanimous decision to choose litigation.
two defendants: the case of accidental fracture prosthesis, should not bear responsibility
NARRATOR: responding to the process, involving the hospital and prosthesis manufacturers are proposed prosthesis in the elderly king of China body fracture are unforeseen circumstances,Air Max Shoes, the two defendants should be held accountable.
judge: whether the hospital should bear the responsibility for that?
defendant hospital: the plaintiff's hemiarthroplasty prosthesis to fracture, the time span of six years, during normal usage, the defendant confirmed the good results of surgery, implant rupture and the defendant, there is no causal relationship between surgery . And the defendant's use of the prosthesis has a legitimate source, do not rule out the plaintiff's own reasons.
Judge: What producers have opinions?
defendant manufacturers: Our company has three types of medical device production permit, license management business, hip, knee and other product registration card, and certified for legal production of artificial joints enterprise.
it sound: manufacturers also believe that the body prosthesis fracture in the elderly, there are many cases, if you want to take responsibility, we must prove that the reasons for femoral head fracture. Otherwise,Puma Soccer Shoes Cheap, it does not burden the liability.
problem: no relevant national accreditation body
it sound: in the case was under the District Court calendar, the implant manufacturers make product quality authentication application, cases of suspension of proceedings. In product quality assessment process, identification of samples is not due to the identification of accreditation bodies within the project area, and currently there is no identification of the samples of the institution, the defendant manufacturer's identification of prosthesis application was returned. Cases recovery proceedings.
presumption of First Instance: femoral head defects exist
Case Analysis: Lixia District Court that the plaintiff and defendant parties have recognized the general life of the prosthesis more than a decade,Nike Air Max 180, the plaintiff and the defendant hospital prosthesis implanted in the body after six years in the use of fracture, the defendant must prove that the plaintiff in the course of the fault of improper use exists, and involved the prosthesis does not exist evidence of quality defects, can only avoid responsible for. Wang Hua elderly plaintiff is 97 years old, its flexibility, endurance and other areas will be subject to very limited, so the products involved in non-normal body fracture, and the defendant and the plaintiff can not prove that there is improper use of fault in the case should be decided by the defendant the burden of proof.
as producers, although the defendant implant manufacturers with production licenses,Air Max Shoes, permits and other enterprises want to prove their product quality standards, but the evidence is product quality system certification, and can not prove quality of the products involved meet the standards. The court held that the evidence available to the defendant, the plaintiff can not prove the existence of improper use of the fault and defect involved in product quality evidence does not exist, so the presumption that the defendant, there is the quality of the production of artificial femoral head defect.
Lixia District Court ruling Beijing prosthesis manufacturers compensate Wang elderly including medical expenses, care,Mens Air Max 2010, disability compensation, and other mental damages of more than a total of 18 million. The plaintiff is also entitled to compensation is paid in advance the hospital,Adidas Absolado X TRX FG, the hospital may then recover to the implant manufacturer responsibility.
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Jinan nineteen ten days old admitted to hospital due to fracture, follow your doctor installed femoral head, only six years after the femoral head fracture in the body, despite treatment removed, is still causing paralyzed for life. The families of the elderly surgical hospitals and manufacturers together to court. Recently, the case in the Court of First Instance sentenced Lixia District, manufacturer of the femoral head was sentenced to more than compensate for the elderly lost a total of 18 million, jointly and severally responsible for compensation for hospital surgery.
Plaintiff: use six years, implant rupture
NARRATOR: In June 2010, a lawsuit filed under the District Court to the calendar,Mens MBT Moto Boots, ninety old Wang Hua (alias) of the children sued a hospital in Shandong and Beijing a prosthesis manufacturer, said the accident by the installation of the artificial femoral head fracture, causing great harm to the elderly.
Judge: why the installation of artificial femoral head?
Plaintiff: old mother in 2003 because of the right femoral head fractures, to a hospital for treatment in Shandong, the hospital recommended the use of the Beijing-based prosthesis manufacturer of the product, and surgery.
Judge: When after that the problem?
plaintiff: elderly patients have numbness and pain in right leg, but doctors say is the need to adapt, we did not care.
Judge: When the problem worse?
Plaintiff: after a lapse of six years old after the hospital diagnosed as fracture of femoral head in vivo. In May 2010, received out of surgery. After surgery, the elderly not only to withstand the physical and mental suffering, and can not stand to face the harsh reality of life. Our families have failed to reach hospitals and manufacturers unanimous decision to choose litigation.
two defendants: the case of accidental fracture prosthesis, should not bear responsibility
NARRATOR: responding to the process, involving the hospital and prosthesis manufacturers are proposed prosthesis in the elderly king of China body fracture are unforeseen circumstances,Air Max Shoes, the two defendants should be held accountable.
judge: whether the hospital should bear the responsibility for that?
defendant hospital: the plaintiff's hemiarthroplasty prosthesis to fracture, the time span of six years, during normal usage, the defendant confirmed the good results of surgery, implant rupture and the defendant, there is no causal relationship between surgery . And the defendant's use of the prosthesis has a legitimate source, do not rule out the plaintiff's own reasons.
Judge: What producers have opinions?
defendant manufacturers: Our company has three types of medical device production permit, license management business, hip, knee and other product registration card, and certified for legal production of artificial joints enterprise.
it sound: manufacturers also believe that the body prosthesis fracture in the elderly, there are many cases, if you want to take responsibility, we must prove that the reasons for femoral head fracture. Otherwise,Puma Soccer Shoes Cheap, it does not burden the liability.
problem: no relevant national accreditation body
it sound: in the case was under the District Court calendar, the implant manufacturers make product quality authentication application, cases of suspension of proceedings. In product quality assessment process, identification of samples is not due to the identification of accreditation bodies within the project area, and currently there is no identification of the samples of the institution, the defendant manufacturer's identification of prosthesis application was returned. Cases recovery proceedings.
presumption of First Instance: femoral head defects exist
Case Analysis: Lixia District Court that the plaintiff and defendant parties have recognized the general life of the prosthesis more than a decade,Nike Air Max 180, the plaintiff and the defendant hospital prosthesis implanted in the body after six years in the use of fracture, the defendant must prove that the plaintiff in the course of the fault of improper use exists, and involved the prosthesis does not exist evidence of quality defects, can only avoid responsible for. Wang Hua elderly plaintiff is 97 years old, its flexibility, endurance and other areas will be subject to very limited, so the products involved in non-normal body fracture, and the defendant and the plaintiff can not prove that there is improper use of fault in the case should be decided by the defendant the burden of proof.
as producers, although the defendant implant manufacturers with production licenses,Air Max Shoes, permits and other enterprises want to prove their product quality standards, but the evidence is product quality system certification, and can not prove quality of the products involved meet the standards. The court held that the evidence available to the defendant, the plaintiff can not prove the existence of improper use of the fault and defect involved in product quality evidence does not exist, so the presumption that the defendant, there is the quality of the production of artificial femoral head defect.
Lixia District Court ruling Beijing prosthesis manufacturers compensate Wang elderly including medical expenses, care,Mens Air Max 2010, disability compensation, and other mental damages of more than a total of 18 million. The plaintiff is also entitled to compensation is paid in advance the hospital,Adidas Absolado X TRX FG, the hospital may then recover to the implant manufacturer responsibility.
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