The old man eats the piece of meat and chokes and suffocates the welfare home of the death is attended to and does not compensate thoroughly 12 ten thousand
The uncle eats the piece of meat and chokes very much, the welfare home is judged and compensated 12 Wan
Reporter Liu Hui, reporter of east China Li
Because Zhang Lao of morning paper news Mr. choke by the piece of meat while eating, causes the food to stop up the trachea and suffocate and die unexpectedly, family thoughtless to the welfare home feel discontented with, then lodge a complaint against it, demand to compensate funeral expenses, death damages, spirit and damage and conciliate gold etc. altogether More than 46 ten thousand yuan. The day before yesterday, city one intermediate court go on, make second trial the intersection of last instance and judgement to case this, judgement amount of compensation totalled 12 ten thousand yuan.
Mr. Zhang Lao is unmarried all the life, at the age of 63, because he suffers from diseases such as Parkinson, brain stem,etc. to need special messenger to attend to, siblings of him send welfare home to it then, agree, attend to grade until magnitude attend to specially (including being feed food) .
However, are living for one day 2 years later, Mr. Zhang Lao's unexpected complexion while eating the steamed bun is livid purple, have difficulty in breathing, and then rescue by the doctor of welfare home, Mr. Zhang Lao expectorates food such as the small steamed buns of one, escaped danger at last.
Just here " L The steamed bun incident " R Happen after the one year, the intersection of Zhang Lao and gentleman while having supper by oneself, happen, chock, cough suddenly, face blue having difficulty in breathing, the nursing staff present will stimulate his throat, strike carrying with the finger at once, and called out 120 and sent him to the hospital to rescue immediately, but died after all rescue measures proved ineffectual finally. The institute of traditional Chinese medicine of the rescue course, for Zhang Lao when Mr. implements the trachea intubate, the piece of meat of a 5cm * 6cm of aspiration, the hospital diagnoses because of suffocating very much. Mr. Zhang Lao family consult with numerous welfare homes and compensate for the matters, but have no result, then tell it to the court.
The first instance court thinks, Mr. Zhang Lao's old body is declined, the chewing of oneself, swallowing function fail, cause main reason that he die unexpectedly, satisfy the intersection of judgement and welfare home, compensate Zhang Lao for the intersection of gentleman and the intersection of house and 7.8 ten thousand of people, compensate gold.
The Zhang 's' disobedience, litigate to a intermediate court of market, claim the welfare home knows 1.2cm * 2.4cm size steamed bun is enough to cause the dead death perfectly well, but still eat 5cm * 6cm size piece of meat for the dead, so assert for adjudiacating in the first instance the dead's disease is causing his main causes of death, refuse to approve. Although first instance asserts the fault that the welfare home exists, the compensation number of the judgement is too low, and the compensation number of paying the bill and providing policies for old man of welfare home in number and government is close, it is the complete responsibility for exempting the welfare home to some degree.
The welfare home debates and claims, the reason of Mr. Zhang Lao's death is caused by his disease. Moreover, when it caused danger, did the work in power in the welfare home, rescue, send to hospital,etc. .
A intermediate court of market thinks after trying, because Mr. Zhang Lao gets old and weak and moves in the welfare home, the welfare home has not cut the piece of meat that he ate rationally, although the welfare home has been rescued with all strength, but the injury consequence of the death that Mr. suffocates of failing to prevent Zhang Lao from, so the true genus of nursing behavior of the welfare home is improper. Mr. Zhang Lao's because one's own basic disease, cause him to chew, swallow the function and degradate to some extent, stopped up the death of suffocating of trachea by the piece of meat . Consider the fault intensity of the welfare home and injury brought to the dead relatives synthetically, a intermediate court of market compensates for more number according to the circumstances on the basis of original sentence to come 12 ten thousand yuan.
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