从一起医疗损害赔偿案看侵权行为及举证责任（On tort and the burden of proof from a case of medical damages）.docVIP

从一起医疗损害赔偿案看侵权行为及举证责任（On tort and the burden of proof from a case of medical damages） [practice]] a case of medical damages to see infringement and burden of proof [2006-6-2] hits [1200] From a medical malpractice case Look at tort and its burden of proof Text / extension Plaintiff: Zhao XX, male, laid-off worker. The Defendant: XX peoples hospital. The Cause: the compensation for medical damage. The The plaintiff claims include three items: 1, the plaintiff requested the defendant to pay death compensation 280200 yuan; 2, the plaintiff requested the defendant to compensate the spirit of solatium 400 thousand yuan; 3, request the defendant to compensate the plaintiff medical expenses, alimony and so on 40000 yuan. The Brief introduction of the case: in July 1995, the plaintiffs wife was admitted to the defendants Hospital for pregnancy and anemia. The hospital was given blood transfusion to the plaintiffs wife three times in July 24th, 26 and 27 respectively, with a total of 400 ml for 1200ml. In July 28th, the plaintiffs wife gave birth to a baby boy who died of suffocation three days later. In July 31st, the plaintiffs wife was discharged. In 1996, after the plaintiff and his wife were pregnant again, they produced second sons in September 4th. After the birth of the son, the child was retarded and was diagnosed with cerebral palsy one year later. The cause of the disease was not identified. In 2000, the plaintiff adopted another adopted daughter with his wife. In December 2002, the plaintiffs wife repeated symptoms of cough, fever and other symptoms, but also admitted to the defendant hospital, multi treatment ineffective. The plaintiffs wife was transferred to a higher level hospital and was certified as AIDS in October 2003. In January 19, 2004, the plaintiffs second sons died, and in February 6, 2004, the plaintiffs wife died. The In May 8, 2004, the plaintiff brought a lawsuit against the defendant to the court. The The two sides focus of controversy: The be