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Original title: The second instance verdict in the 28-year-old negligent life change case, Yao Ce family members: satisfied with the result, they will focus on treating the disease.
On the afternoon of February 8, the case of “replacement of life for 28 years” was ruled in the Kaifeng Intermediate People’s Court in the second instance. Yao Ce and her biological parents should receive more than 1,002 million yuan in compensation, which is an increase from the more than 760,000 yuan in the trial trial.
The newspaper (www.thepaper.cn) learned from appellant Yao Ce’s biological father, Guo Xikuan, and his lawyer, that Guo Xikuan, Du Xinzhi and Yao Ce filed an appeal request for low compensation for mental damage as per determined by the court of first instance. . The Gulou District People’s Court, Kaifeng City, did not support the original lower court ruling and upheld the lower court ruling that Henan University Huaihe Hospital compensated Yao Ce for 200,000 yuan mental damages and the parents Yao Ce’s biologicals for mental damage. damage of 200,000 yuan.
The Kaifeng Intermediate People’s Court of Second Instance supported Yao Ce’s request for treatment costs. Henan University Huaihe Hospital was ordered to pay his medical expenses, transportation and accommodation expenses in full and other treatment expenses totaling more than 602,000 yuan. Prior to this, the trial court ruled that Henan University Huaihe Hospital should compensate for Yao Ce’s treatment costs and other expenses totaling more than 360,000 yuan.
Guo Xikuan told The Paper that they were satisfied with the verdict of the lower court. “The key is that you don’t have to worry about the cost of Yao Ce’s treatment, you can treat Yao Ce wholeheartedly.”
Lower court upholds Yao Ce’s claim for treatment costs
On the afternoon of February 8, the Intermediate People’s Court of Kaifeng City, Henan Province tried the second instance of the appellant Guo Xikuan, Du Xinzhi, Yao Ce and the appellee at the Huaihe Hospital of Henan University, and the appellant Yao Ce and appellee at the Huaihe Hospital of Henan University Public trial.
According to the Civil Judgment of the second instance of the two cases brought by the family, in the case Guo Xikuan, Du Xinzhi, Yao Ce v. Huaihe Hospital of Henan University, the Intermediate People’s Court of Kaifeng City, Henan Province argued that Yao Cefang’s Request for Greater Compensation for Mental Damage The court did not support it and upheld the lower court ruling that the Huaihe Hospital of Henan University compensated Yao Ce for mental damage of 200,000 yuan and Yao’s biological parents Ce for mental damage of 200,000 yuan.
“Huaihe Hospital of Henan University compensated Guo Xikuan and Du Xinzhi for 200,000 yuan mental damage and Yao Ce for 200,000 yuan mental damage. This has been a breakthrough and has provided Guo Xikuan, Du Xinzhi and Yao Ce greater protection. There is nothing wrong with that. Guo Xikuan, Du Xinzhi and Yao Ce appealed that the reason for collecting the mental damage aid money cannot be established. “
In response to appellant Yao Ce’s request for treatment costs, the presiding judge of the Kaifeng Intermediate People’s Court stated that although there is no inevitable causal relationship between “miscarriage” and Yao Ce’s suffering from liver cancer , the “miscarriage” affected Yao Ce’s life.
On the afternoon of the 8th, according to the WeChat public account of Henan Provincial Higher People’s Court “Yufa Sunshine”, after the second instance trial, the judge presiding over the case said in an interview that the second instance court supported the Yao Ce’s decision. Appeal request Reasons include: First, Huaihe Hospital of Henan University There was a major failure. In 1992, the Huaihe Hospital of Henan University had major administrative flaws in the management of Du Xinzhi, confusion in Yao Ce’s mother and child registry, and a lack of related laboratory tests, leading to the incident of “confusing” Yao EC.
Second, the consequences of the “wrong retention” incident in this case are severe. Yao Ce’s biological mother, Du Xinzhi, claimed that she was a patient with liver disease, and the “wrong hug” made Yao Ce unable to live with her biological parents since childhood. It was difficult to pinpoint the cause of Yao Ce’s disease. Liver disease, which affected Yao Ce’s efforts to prevent and treat her liver disease. opportunity. When Yao Ce found her biological parents, her condition had deteriorated, affecting her choice and performance of the liver transplant. From the perspective of Yao Ce’s condition, she is still deteriorating, her life is dying, and her walking is difficult, causing Yao Ce great pain. The ‘wrong hug’ affected Yao Ce’s life.
Finally, after the review, the compensation requested by Yao Ce was incurred for the normal treatment, and the related expenses, such as treatment expenses, nutrition expenses, lost work expenses, and transportation expenses, were within a reasonable range. Huaihe Hospital of Henan University must take responsibility for the consequences of its lack of caution in the past. Based on the above considerations, the sentence was reviewed in the second instance and supported Yao Ce’s appeal request.
Relatives say Yao Ce will spend the Spring Festival in the neighborhood
On the afternoon of February 8, Yao Ce’s biological father, Guo Xikuan, said that Yao Ce’s current physical condition is currently not stable, “she basically cannot eat, and the next step is to prepare for the integrated treatment of medicine. Chinese and Western “.
For the upcoming 2021 Spring Festival, Guo Xikuan said that the New Year will be spent in a hospital in Hangzhou.
Yao Ce previously stated in a media interview that her life is coming to an end. You have too much reluctance and helplessness, and too much bitterness and pain. He hopes to use his life experience and cases to promote our country’s legislation and improve our spirit The amount of damages.
The newspaper previously reported that on February 17, 2020, Yao Ce, a 28-year-old from Jiujiang, Jiangxi, was diagnosed with advanced liver cancer. His mother, Ms. Xu, decided to “cut the liver and save her son”, but found no blood relationship to her son. Later, it became known that Ms. Xu and Du Xinzhi had the wrong child due to an error in the work of the related staff when giving birth at the Huaihe Hospital of Henan University in 1992.
On July 23, 2020, Yao Ce and her biological parents sued Henan University Huaihe Hospital for infraction.
On December 7, 2020, a first instance judgment was issued in the case of “28 years of unfair life”. The Gulou District People’s Court, Kaifeng City, ruled that the Huaihe Hospital of Henan University compensated Yao Ce and her biological parents in a total of 760,000. On December 28, 2020, Yao Ce and her biological parents believed that the verdict of 760,000 in the first instance could not “comfort” the tremendous mental pain she suffered, nor was it sufficient to alert medical institutions to violations of the law, for which they filed an appeal.
On January 10, 2021, Yao Ce’s condition suddenly deteriorated and a “critical illness advisory” was issued. The hospital once rescued Yao Ce.
