The second-instance judgment in the case of "replacement of life for 28 years": the hospital bears more than 600,000 yuan for Yao Ce's treatment costs
On the afternoon of February 8, the second instance of the "replacement of life for 28 years" was pronounced at the Intermediate People's Court of Kaifeng City, Henan Province.
A reporter from the Beijing News learned from the scene that the court sentenced the Huaihe Hospital of Henan University to compensate Yao Ce for more than 600,000 yuan in medical expenses, transportation expenses, and medical expenses.
Currently, Yao Ce is still receiving treatment at a Hangzhou No. 1 Hospital.
Yesterday, Yao Ce was in urgent need of fluid withdrawal due to severe liver and ascites pain, and his life was in danger at any time. His wife temporarily cancelled the trip to attend the sentencing and decided to stay in Hangzhou to take care of him.
Yao Ce previously told the Beijing News reporter that his life is about to come to an end. He has too much reluctance and helplessness, as well as too much bitterness and pain. He hopes to use his life experience and cases to promote our country’s legislation and increase mental damage. The amount of compensation.
The Beijing News previously reported that on December 7, 2020, the court ruled against the plaintiffs Guo Xikuan, Du Xinzhi, and Yao Ce v. the defendant Huaihe Hospital of Henan University for "changing their lives for 28 years", demanding the hospital to compensate the plaintiff with a total of 760,000 yuan .
The court of second instance supports Yao Ce's request for treatment costs
On February 8, the second instance of the “28 years of wrong life” case was pronounced at the Kaifeng City Intermediate People’s Court in Henan Province.
Yao Ce’s previous civil appeal submitted to the Kaifeng City Intermediate People’s Court in Henan Province shows that Yao Ce believes that the first-instance judgment did not support that the hospital should bear the cost of hepatitis B treatment before the age of 28. In addition, the hospital bears the proportion of subsequent treatment costs and compensation. The responsibility is lighter.
Yao Ce appealed to revoke the first item of the first-instance judgment, and the appellee was sentenced to pay more than 600,000 yuan in full for his medical expenses, transportation expenses, and accommodation expenses.
In addition, Yao Ce also requested the revocation of the second item of the first-instance judgment, and the appellee was sentenced to pay more than 300,000 yuan for his treatment during the period from 2 and a half to 28 years old (before liver cancer).
During the trial of the second instance, Yao Ce no longer asked Huaihe Hospital to compensate him for hepatitis B treatment before the age of 28.
Zhou Zhaocheng said that this part of the expenses will be separately claimed by Yao Ce's adoptive parents.
"This part of the cost is more than 300,000 yuan. Yao Ce did this to repay the foster parents for their kindness."
The civil appeal petition submitted by Yao Ce's biological parents showed that the court was requested to change the judgment to pay Yao Ce and his biological parents a total of 1.8 million yuan in mental damage relief, and the appellee to pay Yao Ce's biological father more than 10,000 yuan for lost work.
On the afternoon of February 8, the case of "replacement of life for 28 years" was held at the Intermediate People's Court of Kaifeng City, Henan Province.
The facts ascertained by the court of second instance are consistent with the facts ascertained by the court of first instance.
The court stated that according to the degree of infringement, the consequences of the infringer, the infringer’s ability to compensate, etc., Yao Cefang’s application for increased compensation for mental damages was not supported by the court, and the first-instance ruling of Henan University Huaihe Hospital to compensate Yao Ce for mental damage 20 RMB 200,000 to compensate Yao Ce’s biological parents for mental damage.
Regarding the case that the Huaihe Hospital of Henan University assumes the responsibility for Yao Ce's liver cancer, the court held that the misreporting of the baby in the past was not necessarily related to Yao Ce's liver cancer. However, the Huaihe Hospital failed to do its due diligence and Yao Ce was mistaken. The court supported Yao Ce's all about the hospital. Request to bear the cost of own treatment.
Yao Ce paid more than 600,000 yuan for medical expenses, transportation expenses, and medical expenses. Yao Ce's other appeals were rejected.
The presiding judge stated that the judgment is final.
Yao Ce is seriously ill, and his wife temporarily cancels his participation in the sentence
Before the judgment of the second trial, Yao Ce told the Beijing News reporter that he vomited blood and became unconscious and his condition worsened during treatment. He is currently undergoing treatment in a Hangzhou hospital and his body does not allow him to go to Henan to participate in the trial and pronounce the sentence.
On February 7, Yao Ce’s biological mother, Du Xinzhi, told the Beijing News that Yao Ce’s bones and lung lymph have been metastasized, and alpha-fetoprotein, a marker for liver cancer cells, has reached the highest value. The situation is very dangerous.
In addition, the problem currently facing Yao Ce is that there is no treatment plan. If targeted drugs are used, it is easy to cause heavy bleeding. Therefore, Yao Ce can only bear the pain every day.
Yao Ce’s wife planned to replace Yao Ce to Kaifeng to participate in the judgment of the second trial, and bought a ticket from Hangzhou to Kaifeng on February 6. However, Yao Ce suffered severe liver ascites pain again on February 7 and urgently needed fluid and was on the verge of death. Her life is in danger at any time, and in the end she can only temporarily cancel the itinerary to participate in the judgment of the second instance, and Yao Ce's biological parents dare not leave.
Therefore, Yao Ce's family arranged for Yao Ce's aunt and uncle to attend the second instance judgment.
review
The court found that the hospital was at fault and required compensation of 760,000
The Beijing News previously reported that Yao Ce, a 28-year-old young man from Jiujiang, Jiangxi, was diagnosed with liver cancer. His adoptive mother wanted to cut the liver and save her son, but found that he was not related to her son.
Due to a work error in the Huaihe Hospital of Kaifeng University, two pregnant women held the wrong child, and the parties went on the road of legal proceedings.
On September 11, 2020, the first trial of the case was held for the first time.
The "Civil Complaint" of Yao Ce and his biological parents showed that they requested the court to order the Huaihe Hospital of Henan University to pay Yao Ce and his biological parents Guo Xikuan and Du Xinzhi mental damage compensation of 1.8 million yuan, as well as family-finding expenses, lost work expenses, and nutrition expenses. Etc., the total compensation was about 2.73 million yuan.
On December 7, 2020, the People’s Court of Gulou District, Kaifeng City, Henan Province issued a judgment of first instance, requiring Huaihe Hospital to compensate Guo Xikuan and Du Xinzhi for mental damages of 200,000 yuan; Yao Ce for mental damages of 200,000 yuan; compensation for Du Xinzhi To find relatives, pay 1,000 yuan for transportation; compensate Guo Xikuan for lost work expenses of 6,400 yuan.
The compensation for Yao Ce's medical expenses, nutrition expenses, and lost work expenses totaled 360,000 yuan.
Later, Yao Ce and his biological parents mentioned the above.
Zhou Zhaocheng, the lawyer representing Yao Ce and his biological parents, told the Beijing News that at the first instance of the case, Yao Ce and his biological parents claimed a total of 2.73 million in compensation, and the court finally supported 760,000.
Despite the difference in the amount of money, the court's judgment found that the Huaihe Hospital of Henan University was at fault in Yao Ce's illness, and paid 60% of Yao Ce's post-treatment expenses.
"So, Yao Ce and his family still very much agree with the judgment of the court of first instance." Zhou Zhaocheng said that after the verdict was pronounced in the first instance, Yao Ce and his family wanted to spend more precious time with each other and planned not to appeal. .
After careful consideration, Yao Ce insisted on appealing.
Yao Ce
"Hope to use cases to promote legislation to increase the amount of compensation for mental damage"
On January 26, the second instance of the case opened.
During the trial, the Huaihe Hospital of Henan University stated that it had never denied the fact that the two children were miscarried in the hospital, but did not rule out human factors. “If the plot reverses one day, the hospital reserves the corresponding rights.”
When asked by Yao Ce's biological parents what the human factors are, the hospital did not explain, saying that they would abide by the law, obey the judgment, and perform their obligations.
However, regarding the compensation for mental damage in the first-instance judgment, the hospital believed that they had fully considered the impact of the incident on Yao Ce and his family. The compensation was the highest standard among the existing judgments in Henan Province.
According to the materials provided by Yao Cefang in the second instance, the “Interpretation of the Supreme People’s Court on Certain Issues Concerning the Determination of Liability for Mental Damage in Civil Torts” was formulated by the Supreme People’s Court in 2001, but from 2001 to 2020, my country’s total GDP and Henan Province, Kaifeng's economic development level and per capita income are increasing, but Yao Ce's spiritual compensation has not increased;
In addition, Yao Ce provided a popular science article, thinking that his failure to receive hepatitis B vaccine in time was the main reason for the development of hepatitis to liver cancer.
In response, a lawyer from the Huaihe Hospital of Henan University said that it is impossible to determine the probability of hepatitis B patients developing liver cancer, and there are many possible factors for liver cancer.
"The popular science articles provided by the appellant can only be said to be opinions, and we think it has nothing to do with the case."
For the second-instance verdict, Yao Ce said before the verdict that his life is about to come to an end, there is really too much reluctance and helplessness, and too much bitterness and pain.
He is very grateful to the courts of first instance and second instance for allowing himself to feel the justice of the law.
Yao Ce said that no matter what the result of the second trial is, he can accept it calmly.
"In this second instance, I really don't care about the outcome of the judgment or the amount of compensation, because no matter how much the compensation is, it is meaningless for my dying life."
Yao Ce said that his short life of 28 years was like riding a roller coaster.
Over the past year, he has also received the care of many unfamiliar netizens. He hopes to use his own experience and cases to promote my country's legislation to increase the amount of compensation for mental damage in the last days of his life.
Beijing News reporter Liu Mingyang