The second trial of the 28th year of life was wrong.
Author:Peninsula Metropolis Daily Time:2022.06.23
At 9 am on June 23rd, Xu Min and others of "28 years of wrong life" sued the second trial of Huaihe Hospital of Henan University and Du Xinzhi's infringement.
Two months ago, the first instance of the case was judged by Henan University Huaihe Hospital to compensate Xu Min and Yao Shibing for a total of 798361.1 yuan; the compensation of Guo Wei's mental damage was 2,000 yuan. The court trial believes that the behavior of Du Xinzhi's concealment of the history of hepatitis B is not based. According to the investigation, the evidence of this case proves that there is no "stealing" behavior. Subsequently, the Xu Min and his wife were dissatisfied with the verdict and appealed.
The subpoena received by the defendant Du Xinzhi showed that the second trial of the dispute over the infringement liability will be tried at the Tribunal No. 2 court of Kaifeng City, Henan Province at 9 am on June 23. At about 8 am that day, Du Xinzhi told reporters that she had arrived at the court door and would participate in the trial.
The picture shows the subpoena received by Du Xinzhi
Regarding the issue of compensation for compensation for Huaihe Hospital of Henan University, the court of first instance trial believes that the Huaihe Hospital of Henan University due to chaos and irregular diagnosis and treatment behaviors, which led to the newborn of the maternal Xu Min and Du Xinzhi at the same time. Medical management accidents, hospitals have major faults. The major fault of the hospital caused Xu Min and his wife to lose their right to guardianship. Guo Wei was also separated from the care of his parents because he was embraced. The flesh was separated for 28 years, and the blood relationship and parent -child relationship were severely damaged. There is a legal causal relationship between Xu Min, Yao Shibing, and Guo Wei's damage and the faults of the hospital. Henan University Huaihe Hospital constitutes infringement and should be responsible for Xu Min, Yao Shibing, and Guo Wei.
Regarding whether Du Xinzhi should bear the issues of compensation for compensation. The court trial in the first instance believed that there was no evidence to prove that Du Xinzhi had a rejection or did not cooperate with the hepatitis B surface antigen examination, and there was no evidence to prove that the lack of hepatitis B surface antigen test report in this medical record is related to Du Xinzhi. There is no basis for concealing the history of hepatitis B. In addition, whether netizens are concerned about whether they are "wrong" or "stealing", the court trial believes that the public security organs have concluded that the facts of the public security organs have conducted in -depth investigation and evidence have been concluded in accordance with the law. The People's Court of Gulou District, Kaifeng City, retrieved the relevant file materials of the public security organs, notified the witnesses to testify and conducted a full investigation of the relevant facts. The evidence of this case proves that there is no "stealing" behavior. Therefore, Du Xinzhi should not bear the liability for compensation.
Red Star News previously reported that on February 17, 2020, Yao Ce, 28, was found to have liver cancer. His adopted mother Xu Min wanted to cut the liver and save his son, but found that he had no blood relationship with his son. Later, it was learned that when it was produced at Huaihe Hospital at Henan University in 1992, the work errors of relevant personnel caused Xu Min and Du Xinzhi to embrace their children. Twenty -8 years later, the fate of the two families was entangled with Yao Ce's illness. Since then, the two parties have embarked on the road of legal litigation, but at the same time, they have been "replaced by wrong life" or "stealing life", real estate disputes, emotional entanglement and other issues.
"28 years of wrong life" timeline:
In 1992, two maternal Xu Min and Du Xinzhi born in Huaihe Hospital of Henan University were embraced by the nurse.
On February 17, 2020, Xu Min, who had been raised for 28 years, was diagnosed with advanced liver cancer. He wanted to "cut the liver and save his son" but found that Yao Ce was not born.
On July 23, 2020, Yao Ce and his biological parents Guo Xikuan and Du Xinzhi sued the infringement of Huaihe Hospital of Henan University.
On December 7, 2020, the first instance of the People's Court of Gulou District, Kaifeng City, a total of 760,000 for Yao Ce and his biological parents of Huaihe Hospital of Henan University.
On December 28, 2020, Yao Ce and his biological parents Guo Xikuan and Du Xinzhi appealed.
On February 8, 2021, the second instance of the Kaifeng Intermediate People's Court was sentenced. Yao Ce and his biological parents received more than 1002,000 yuan in compensation.
On March 23, 2021, Yao Ce, the party of the incident, died.
On April 21, 2021, in response to the suspected criminal criminal issues of Guo Moukuan, Du Mouzhi and medical staff Zheng Mouzhi, Du Mouzhi, and medical staff, Henan@Kaifeng Gulou Police reported that he decided not to establish a case after review.
On September 18, 2021, Xu Min and others sued Henan University Huaihe Hospital and Du Xinzhi's infringement liability. Responsible for compensation.
On April 28, 2022, the People's Court of Gulou District of Kaifeng City made a first trial of the case. Henan University Huaihe Hospital compensated Xu Min and Yao Shibing's mental damage compensation, medical expenses, misunderstanding expenses, transportation accommodation fees, appraisal fees and other expenses. 7983611 yuan; compensation for Guo Wei's mental damage to compensate 20,000 yuan. Du Xinzhi should not be liable for compensation.
On June 23, 2022, the second trial of the case opened.
(Red Star News)
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