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Furthermore, anesthetics are recipe drugs, patients ought have the right to prescribe narcotic drugs for medical practitioners to receive ahead issuing special prescript, the physician does not have published a strict qualifications of recipe drugs, but effortless to remove the spare from the anesthesia ministry This point is likewise considered to be hospital Liang Zhiguo loose treatment of the representation of the drug.
the same time, Zhang Qin also facing entangling situation,

2008 年 3 月 4 p.m. 4 pm, Liang Zhiqiang for toothache, has been lying on the table in a good while. Fengyun Bingya had tortured him for days, he decided to remove.
her husband's consent, Zhang Qin will adjoin the anesthesiologist collaborator physicians practicing a strict. 17:25, Yan rushed a dental.
days of a toothache may be unbearable to Liang Zhiqiang,[link widoczny dla zalogowanych], a mini consideration, he agreed to the suggestion. Liu aside, the two engaged Huang said he never had general anesthesia, tooth extraction,[link widoczny dla zalogowanych], but the couple resolved to stop Liang Zhiqiang.
look harder and harder to look Liang Zhiqiang afflict, his wife Zhang Qin is not bear,

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, so she suggested her husband to think general anesthesia.

array to remove a Bingya, Fenyi County People's Hospital physician Liang Zhiqiang suggestion of his wife, ask my colleagues to implement extraction surgery below general anesthesia. Unexpectedly, after Liang Zhiqiang it into a long coma, and ultimately became a vegetative state,[link widoczny dla zalogowanych], was identified as a disability.
felt the hospital did not interfere in good belief.

After approximately two years of litigation, the Court of Final Appeal ruling bear 80% of the liability of the hospital. Subsequently, the hospital that there is fault in the chance Liang Zhiqiang, its made the determination, and to Liang Zhiqiang 26% of couples take duty for the hospital.
Liang Zhiqiang lay in bed for 2 years.
Liang Zhiqiang immediately fully rely above family attach to the living.

The hospital was accused that the court's decision recognized the hospital, but the wage shall have to wait until the hospital physicians within the division of responsibilities between the parties after the introduction of penalties again Peifu.

2010 年 1 19, Xinyu City Court ruling, upheld decision and inquired the hospital for compensation shall be paid in full.
Huang, Liu, Yan health behavior is a behavior of their duties. Because the medical staff during working hours of medical behavior, from the day began at 4 o'clock, the continuation of health behavior is not separated; they are all hospital medical staff, is entirely in dictate of the hospital to use its associated medical devices, equipment, drugs to facilitate conditions for Liang Zhiqiang the clinic, is at work, workplace, jobs, in charge of the hospital to use its facilities and equipment, pill facilities, as Liang Zhiqiang medical handling, they are all in the performance of job behavior. By law, their fault responsibility borne by the hospital.
seeking to enforce the meet However, the hospital's feedback once again further their expectations.

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court trial, the hospital discussed that Liang Zhiqiang and hospital contractual relationship between the patient is not established, for the accuser did not register extraction, and extraction of pertinent Liang Yijun physicians are invited to assist couples privately, They execute duties not act, but individuals. Feelings of a friend because of serious violation of hospital pills without license from the operating apartment narcotic access to general anesthesia for the accuser, the defendant is theft of public attribute for personal medicinal practice act, not a obligation action. After general anesthesia and tooth extraction is a plaintiff in the clinic after go, the medical staff involved were not act in the dismiss of duties, but to use their medical identity theft accused privately for the drugs and devices Liang Zhiqiang practice. Therefore, the chief fault in the Liang Zhiqiang couple, a secondary responsibility in the relevant personnel involved in the unlawful practice of medicine, and hospitals without whichever fault.

hospital said, send money damages gifted by the court and Liang Zhiqiang husband and wife should bear part of the responsibility that offset every other, then the recess of the families paid Liang Zhiqiang.
but in the next day, Zhang Qin to the courts to submit a second expression affirms namely the 1st written statement is a final resort, and do not coincide with a solemnly reaffirmed their commitment to the implementation of the share of remittances and deductions .
Liu arrived, the Liang Zhiqiang recharge the 3 ml and recommended beam served two alternatively 3 days to go home again anti-inflammatory drugs.

this, the hospital explained that Liang Zhiqiang couples with the hospital staff, for violation of hospital rules and regulations lead to medical malpractice, cause losses to the hospital, the hospital made the decision right. The court held that 20% of its commitment to responsibility, is based on the identity of the two men to undergo from side, so the two do not conflict.
Zhang Qin Huang, MD,[link widoczny dla zalogowanych], Department of Stomatology, immediately call the call and ask him to Liang Zhiqiang extraction. As originally two neighbors,

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, Hwang very readily agreed.

anesthesia tooth dragged into a vegetative state

week after,

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, deserving to penniless effect, Liang Zhiqiang from ninety-four hospital discharge and return to Fenyi County People's Hospital to continue hospital treatment since the quondam two years has been in a vegetative state. By questing judge after the identification centre in Jiangxi identified as a disability, is totally dependent on nursing attention.
it was not long before it occurred. Zhang Qin found her husband's face became very sallow, his lip violet; approached the Tankan, found that breathing and heartbeat had stopped. The presence of folk suddenly tense, immediate implementation of Liang Zhiqiang chest cardiac massage, tracheal intubation and mechanical airing and other salvage measures.
hideous toothache

Jiangxi Normal University companion instructor of Politics and Law were Zhixiang that the fault of the hospital on the hospital staff made no discipline is not, by the time tin prove that this punishment is based on the rules and regulations made, but the punishment should be a good grip of the characteristic the amplitude and measure.
However,[link widoczny dla zalogowanych], how to measure the internal division of the fault, were Zhixiang said that at present there is no clear foundation and regulations.

4 16, in Fenyi County People's Hospital defense, Liang Zhiqiang lying in bed half-open eyes, eyes hollow, occasionally unconsciously suck suck mouth; most of the time, so he lay motionless. In this bed, he has a full 2 years lying.
Fenyi County People's Court found that registration is only the establishment of physician-patient relationship as a compact written proof, not of a contractual relationship creating patient a required condition for the plaintiff and defendant before the accident the two sides had formed a de facto compact between doctors and patients.
if only two years antecedent that one accident, today he may also work in the structure opposite the surgery for the patient to relieve pain; medical staff in the hall bar public, people should still found this juvenile and pale face, the following will indicate:

traditions according to their occupational team train, and strict implementation of a morphine but doings independently.
Two days later, Liang Zhiqiang was transferred to the First Affiliated Hospital of Nanchang University, People's Liberation Army ninety-four night and into the emergency hospital. Diagnosis two hospitals are

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as of press time, the beam has at present received the hospital's implementation of the family money.

the couple did not register it instantly to dentistry. Liang Zhiqiang Huang reviewed the circumstance, with 3 ml of Hwang is suspected of anesthetic equitable did not activity criteria, he called to the dental Liu, MD, agent adviser and let him help.
3 31, the hospital agreed to draft a statement the settlement concert, called the hospital to detach the Office Zhang Qin, began to For terror of creature launched, Zhang Qin finally signed his label.

a little while, narcotic onset,[link widoczny dla zalogowanych], and proceed to help Liang Zhiqiang Liu extraction. Liang Zhiqiang sinking tortured many days of Bingya finally been successfully removed. Liang Zhiqiang did not now remove, however, the presence of several doctors thought it was not cleared because narcotics force, still need to scrutinize a duration of time.
presently, Liang Zhiqiang shoved into the emergency department for emergency treatment. After Liang Zhiqiang nevertheless restored heart rate, breathing, but always in the unconscious state. 7:20 that evening, Liang Zhiqiang was acknowledged to hospital inpatient treatment.

After the accident, Liang Zhiqiang's family that the hospital in the medical activities in violation of the medical health management laws, administrative regulations, departmental rules and clinics Nursing standard, customary, guiding to serious consequences Liang Zhiqiang a disability.
ready to narcotic drugs, the Zhang Qin Qiang individually injected anesthetic for her husband, after a take over along the strict, continue to implement the general anesthesia.
internal documents of this hospital Liang Zhiqiang reasoned muscular indignation amid home members. They trust that decision has been explicitly mentioned in 20% of the responsibility themselves, then why make the hospital within the penalty?

and on March 9, Fenyi County People's Hospital to make , Hwang compensation of 19%, 8%,[link widoczny dla zalogowanych], 7%, 4%, 2% as economic sanctions.
after the accident, the family accused the hospital mismanagement caused the damage happened, asked the hospital for compensation. The hospital is not registered Zeyi Liang Zhiqiang extraction and narrated medical personnel in violation of the provisions of an individual behavior hospitals refused to admit responsibility.

hospital was sentenced to bear responsibility for 80%
2009 年 7 28,[link widoczny dla zalogowanych], the Court of First Instance decision on Liang Zhiqiang Fenyi County People's Hospital bear the detriment of 80% of the responsibility, compensation for economy wastage and cerebral losses totaling 522,241.44 yuan, paid over 5 years.

but both sides refused to accept the ruling were entreated.

In counting, because the Medical Malpractice Hospital to give up that to give up its burden of proof, the outcome of medical tort action arising from acts, the implementation burden of testimony, the hospital should not be the lawful consequences of the burden of proof should accordingly be presumed it has a medical fault.
Liang Zhiqiang nurse in the emergency department base the wife of Zhang Qin (a pseudonym), let her go to the hospital to accompany their dental extractions. February 28, the two Civil Affairs Bureau has just married and have not had time to entertain friends and family, told to the news.
view of this, the family sued beam Fenyi County People's Court, asked Fenyi County People's Hospital liability. Fenyi County People's Court February 27, 2009 hearing of the case.