1, the indictment, the transmission of the defense
In accordance with the provisions of China's procedural law, the people's court accepts the case of medical disputes, the date of filing a copy of the indictment will be sent to the defendant's medical institution, the defendant's medical institutions in the indictment within fifteen days of the date of receipt of the indictment to file a defense, or reply. Medical institutions to file a defense, or reply, the people's court shall, within five days from the date of receipt of the reply, the reply shall be sent to the patient and his family. If the defendant does not file a reply, it shall not affect the people's court.
2, the court's notice, investigation
In accordance with the provisions of China's procedural law, the people's court has decided to accept the case, should be in the notice of acceptance of the case and the notice of responding to the notice to the two parties to the medical dispute to inform the relevant rights and obligations of the litigation, or orally. The collegial panel made by the judge shall, after its composition is determined, inform both parties to the medical dispute within three days. And can be in the hearing, by the medical dispute parties to put forward the reasons for recusal. If the patient and his family receive the relevant documents, should be timely understanding of the litigation process and litigation rights and obligations, these basic knowledge of litigation for the patient and his family is very important, in the trial process will encounter the relevant rights and obligations of the provisions of the relevant provisions of the relevant patients and their families, if the provisions of the relevant provisions are not clear, you can ask your attorney to ask about the situation. Avoid "saying the wrong thing" in court, "wrong program".
The people's court hearing medical dispute cases, three days before the hearing will be written or oral notification of the parties and other participants in the proceedings. Public hearings, should be announced in the court door bulletin board the name of the parties to the medical dispute, the cause of the case and the time and place of the hearing, and so on. Prepare the conditions for the public hearing of medical dispute cases.
Before the start of the court hearing, the trial staff began to review the litigation materials, investigation and collection of necessary evidence. Including the patients and their families to make various applications, access to the litigation evidence materials. Therefore, if at this time the patient and his family still did not obtain the relevant evidence, it should be timely to the judge to file an application for evidence preservation, evidence retrieval. By the judge through legal channels to obtain the relevant evidence and information.
If the people's court sent personnel to investigate, should be aware of the medical dispute, the investigated, or the case of the "key witness" to show documents. After the investigation transcripts are proofread by the investigated person, the investigated person, the investigator's signature or seal. In order to ensure the integrity and reliability of the evidence collected by the people's courts, sometimes the people's courts may, when necessary, entrust the investigation to the people's courts abroad. When entrusting an investigation to an overseas court, it will put forward clear investigation items and requirements. Upon receipt of the letter of entrustment, the entrusted people's court will complete the investigation within thirty days. Therefore, it can be seen from the setting of the law in the litigation before the beginning of the trial judge has been clear investigation, in the mind already have a general impression of the case. In fact, there are some medical dispute cases where the facts of damage are relatively clear, the main purpose of the trial is to review the evidence. Because, in this case, as long as there is relevant evidence to prove, the results of the damage can be determined, the case can be made, so, here again to emphasize the importance of evidence.
3, *** with the litigant
According to the provisions of the litigation law, must *** with the litigation parties did not participate in the litigation, the people's court shall notify them to participate in the litigation. That is to say, if the deceased's family, the patient's family has a lot of, and each family member is a "plaintiff qualification" should be involved in the lawsuit, if some of the plaintiffs are not able to participate in the lawsuit, the court shall notify them to participate in the trial. If indeed due to other reasons can not participate in the trial, or unwilling to participate in the trial, in accordance with the provisions of the law, should be through the power of attorney form, will be entrusted to other plaintiffs to exercise their litigation rights and obligations. If indeed unwilling to participate in the litigation, can declare to give up their rights, the results of the judgment has no legal effect on them.
Second, the trial process
1, public trial
Only, the court hearing process is open to the public. That is to say that is generally allowed to observe, allowing the news media interviews and reports. Public hearings are the general state of the proceedings, if the news media are very interested in the case of patients and their families, the media will contact the presiding judge of the court, after receiving permission from the judge, you can report and analyze the trial process of the case, if the case has a significant impact on society, and even we can see the "live! If the case has a significant impact on society, we can even see the "live broadcast" of the trial. From the actual situation of speech dispute litigation, local courts have relevant regulations, if you want to intervene in the trial process through the news media, patients and their families should promptly consult the local court regulations.
If the patient's family members and friends attend the trial and listen to the court proceedings, they should carry their ID cards, household registration books and other documents with them. In the court of security, registration department for security and registration, issued by the spectator card, you can listen to the trial process. In the process of listening, to keep quiet, not allowed to record, video, making records and so on. And the spectator is not qualified as a plaintiff, no right to speak, not allowed to make statements, or argue with others. Just a spectator!
Additionally, the procedural law also stipulates that the people's court hearing medical disputes, involving state secrets, personal privacy or otherwise provided by law. Is not allowed to open hearings. Such a case, in addition to the plaintiff, the defendant, the judge, no one is allowed to participate in the trial process. The news media is also not allowed to intervene. From the speech dispute litigation practice, involving personal privacy and closed sessions more often, other circumstances caused by closed sessions are rarely seen.
2, identity audit
According to the relevant provisions of the litigation law, in the medical dispute litigation cases before the hearing, the clerk shall ascertain whether the parties and other litigants are present in the courtroom, announced the court discipline. When the trial begins, the presiding judge shall check the parties, announce the cause of the case, announce the list of trial personnel and clerks, inform the parties of their relevant litigation rights and obligations, and ask the parties whether they have filed an application for disqualification.
In the course of this series of proceedings, the patient and his family should listen carefully to the announcements of the judge and his clerk, in fact, these relevant announcements are the litigation rights owned by the patient and his family in the proceedings. In the process of the litigation process of the parties involved in the behavior are through the "litigation rights" to achieve. There is no right of the court beyond the "right of action", even if the patient and his family believe that the facts do exist, but not in the corresponding legal procedures, will still be stopped in time! From the medical dispute cases we represent, patients and their families most often encountered is that when patients and their families see the medical institution's agent in the explanation of the situation, the reasons, evidence, always eager to debate with the other side. Anxious to refute the other party's defense, the proceedings into a "court debate"! The strict litigation procedures can be described as "nail is nail is riveted", what program to say what the problem, other procedures to explore the issue in this program will not be involved. Because patients and their families do not understand the provisions of the litigation process, often "off-topic", and often stopped by the judge. Therefore, before the trial process, should be fully communicated with the attorney, appropriate learning knowledge of litigation law, not often by the judge often told "these issues are so-and-so program again. If the patient and his family really do not know the litigation procedure, directly by the lawyer to speak. Patients and their families play a role in supporting the proceedings, actively cooperate with the lawyer's trial work.
3, the court investigation, cross-examination
When all the procedures of the work is completed, the litigation process has entered the stage of the court investigation, the court investigation in accordance with the following order:
(a) the parties to the statement, the defense; usually there are the patient and his family members, the attorney reads out the indictment, the cause of the case, the lawsuit, and statement of the facts of the case and its passage. In this process, it is recommended that lawyers speak, for the fact that the part of the narrative concise and focused, do not "a handful of eyebrows," because some patients' families are not clear about the way the lawsuit, hate can not be all the grievances pour out of the heart. Often the content of the narrative is complicated and disorganized, for the "key issues" did not highlight the focus, for non-important issues have excessive detail. Patients and their families said a whole lot, the judge is "confused", when the statement should have been uninformed, the judge is often a direct interruption of patients and their families, directly ask the facts of the case! You think the effect of such a statement is not as good as not saying anything! Therefore, it is recommended that the part of the content of the lawyer to speak, and in the hearing before the preparation of the speech of the instrument, to be targeted, concise and concise.
After the patient and his family finished the statement, the defendant medical institution will be the plaintiff's side of the lawsuit, the defense. Common will be to refute the plaintiff's lawsuit, explain their own facts and reasons, put forward their own claims and so on. This time often patients and their families "can not hear" the other side of the "rebuttal", with the other side of the "debate". However, this time is to let both sides of the process of narrative, patients and their families do not at this time, eager to "refute" the other side of the narrative, even if the other side is false.
(ii) inform the rights and obligations of witnesses, witnesses testify, read out the testimony of witnesses who did not come to court;
From the actual situation of medical disputes on behalf of the case, witnesses directly involved in the trial process, is rarely seen. Often witnesses provide "witness statements", in the form of written testimony submitted to the court. Therefore, in this procedure, the witness statement is often read out. Prior to this, you should prepare materials that can prove the identity of the witness and the facts of the case.
(C) the presentation of documentary evidence, physical evidence and audio-visual materials;
If the patient and his family members before the proceedings, the collection of relevant documentary evidence, physical evidence and audio-visual materials, can also be submitted to the court in the course of the litigation hearing. This time is what we introduced to you earlier, the preparation of evidence before the lawsuit, in the usual point of view! If the patients and their families in the mind always set up "the concept of evidence" everywhere to pay attention to the collection of evidence, is bound to play a key role in our medical dispute litigation. I represent a medical dispute case of the party is a public security police officer from, after the death of his father, other relatives and medical institutions shouting, he is always "pleasant" and medical institutions for "negotiation and mediation", when he came to my When he came to my law firm, he presented me with audio and video recordings of the attending physician admitting his medical faults during the negotiation process with the medical institution, which I did not expect! His words were even more direct, "lying in wait" to obtain the evidence. When I think about it, we lawyers admire his "perseverance"! Of course, may be with his own is "engaged in the judicial profession" has a relationship, but, I think if we ordinary patients and their families through the guidance of lawyers can obtain "key evidence" is also very welcome, after all, this is our ordinary citizens to learn the law and use the concrete embodiment, is the progress of our civilization of the rule of law. Embodiment, is the progress of our legal system civilization. Therefore, I hope that civilized patients and their families have a full "concept of evidence".
From the medical litigation cases we represent, the legal quality of medical dispute handlers in large medical institutions is also very high. I am in a medical dispute case trial process, the other side of the medical institution to produce a section, they secretly recorded the patient in the absence of any auxiliary personnel, without any assistive devices in the case of their own walk to the toilet to facilitate the video, and this case is to be pursued by the medical institution of the steel nails to hit the wrong side, resulting in the patient is not able to walk on their own, constituting a disability lawsuit. In court the other side to produce such evidence is obviously very unfavorable to civilization! Therefore, here to remind our patients and their families should also have the ability to "counter-surveillance". Do not leave the other side of the evidence against themselves. Otherwise, your attorney is "eloquent", "clever tongue" is not possible to negate the "nailed on" the facts!
(D), the evidence of the questioning
In the plaintiff and the defendant to produce and submit the relevant evidence, the other party has the right to the authenticity of the evidence and relevance of the questioning. In layman's terms, that is, the other side of the evidence "recognize or not", or the authenticity of the objections, such as: forgery, deletion of medical records, false witness testimony and so on. At this time the patient and his family can put forward their own views on the other side of the evidence narrative! Or the evidence information with the facts of the case is not related to the objections, such as: put forward another patient and the case of the patient's condition is the same, etc., because there is no relationship with the case is not able to be used as evidence, therefore, is the lack of relevance of the evidence, the same can be denied as the evidence of the reason.
In this process there are many patients and their families will be asked to do "medical record identification" to determine whether the medical record is later modified, the case of forgery. However, from the current China "paperwork identification" technology and the situation, often not up to the expected ideas of patients and their families, technically there is a great deal of difficulty in the appraisal organizations across the country, the local differences are very large, the level of identification is limited, do not put all your hopes entirely in the "paperwork identification". "Clerical identification", otherwise, will not be conducive to the original intention of the patients and their families to protect their rights.
In the process of cross-examination, in order to review the authenticity of the evidence, the judge will ask questions to both sides, but also after the trial to investigate the evidence, to the relevant persons, witnesses to verify the evidence and so on.
4, the legal rights in the litigation
According to the provisions of China's procedural law, the patient and his family can put forward new evidence in the court, with the permission of the court, can be asked to the witnesses, appraisers, investigators. The patient and his family can request a new investigation, appraisal or investigation, whether or not to allow, the people's court to decide. That is to say, if the patient and his family can obtain new evidence during the proceedings, can be submitted to the court. However, from our experience in representing medical disputes, has entered the litigation process, the medical institution to respond to the lawsuit is also a lawyer, the other side is often very careful. To the time of the trial in the deposition, often will not obtain any evidence. Is able to obtain the evidence is often "rubbish ball", not be able to directly prove the facts of the case, so the evidence in the litigation before the usual!
If the patient and his family for witnesses, appraisers, witness testimony, identification of objections can be made to the court, you can also apply for reappraisal. However, from the litigation experience, often these people are not directly to the court to participate in the trial. Both parties to the medical dispute are directly on the witness testimony, identification of the conclusion of the direct examination, to determine its authenticity and relevance.
5, appraisal process
After the appeal process, the court will entrust the relevant medical malpractice appraisal organization or personal injury judicial appraisal organization, to identify, after the identification is completed, the identification of the conclusion to the court, the court read the identification of the conclusion, read the investigation transcript. Both parties to the medical dispute on the conclusion of the cross-examination. The authenticity and relevance of the facts and conclusions of the appraisal and investigation again to put forward their views and opinions. If the conclusion of the appraisal is very unfavorable to the patient and his family, should be put forward to re-appraisal of the application, however, if the patient and his family can not find the appraisal agency clearly violates the legal facts of the reason, usually, the judge will not agree to do the relevant appraisal again, therefore, the patient and his family do not put their hopes on the re-appraisal, such an application in the procedure itself there are obstacles. It's already the "next best thing"!
6, the court debate
After the completion of the above court proceedings, in accordance with the relevant provisions of the procedural law, should be debated in court, the court debate in accordance with the following order:
(a) the plaintiff and his agent to speak;
(b) the defendant and his agent to reply;
(c) the third party and his agent to speak or reply;
(c) the third party and his agent to speak or reply;
(d) the third party and his agent to speak or reply. representatives speak or reply;
(iv) mutual debate.
Because of the special nature of medical disputes, in the medical technology of the factual findings are confirmed through the appraisal, so, in this regard, both sides either agree, or do not agree with the other side of the debate with the other side of the case is not great. Therefore, the lawyers representing both sides tend to focus more on the application of the law, the calculation of the amount of compensation, and the sharing of responsibility. Will not appear in our movie and television works, especially in criminal cases in the trial process, "the sword" "you and me" of the intense debate scenes.
At the same time, patients and their families are reminded that in this program, the content of the debate is, "to determine the facts and the application of the law", do not "run away from the topic", will be their own feelings, psychological state, and so on, a brain dumped out. If possible, or by a lawyer to speak on behalf of the good. Otherwise, the judge will again have nothing to do with the case to stop the speech!
7, the final opinion
After the end of the court debate, by the presiding judge in accordance with the plaintiff, the defendant, the third party in the order of the final opinion of the parties. The "final opinion" is whether we adhere to their own views, whether not to change their own claims. It is also a question of one sentence, the same as the above situation. Do not "go off on a tangent". Do not "long-winded" complaints.
8, mediation and judgment
In accordance with the provisions of our procedural law, the end of the court debate, the judgment should be made according to law. Before the verdict can mediate, can also mediate, mediation failed, should be timely judgment. In other words, the judge will still ask the parties whether they are willing to mediate before judgment. From our medical disputes on behalf of the case, if the two sides can mediate before the lawsuit, can be mediated to complete, more because of mediation failed to enter the litigation process. Therefore, the litigation process to this stage, the two sides request mediation rarely occurs. Into the judgment process is more common.
The above description is the whole of a medical dispute litigation process identification description. On the basis of this basic procedure, the judge controls and masters the proceeding and additions to the procedure according to the circumstances. The parties to a medical dispute conduct the proceedings under the direction of the judge. The following is a description of the situations that often arise during the proceedings and their legal consequences.
1, the legal consequences of not appearing in court
In the medical dispute cases we represent, it often occurs that one of the parties is not able to attend the trial. In accordance with the relevant provisions of China's litigation law, the plaintiff (patients and their families) summoned by the summons, refused to appear in court without a valid reason, or without the permission of the court to withdraw, can be treated as a dismissal of the case; the defendant (the medical institution) by the summons, refused to appear in court without a valid reason, or without the permission of the court to withdraw, can be sentenced in absentia.
That is to say, the court proceedings are binding on both parties. If the patient and his/her family members have other reasons for not being able to attend the trial, they can "entrust" your attorney to express their opinions and conduct the proceedings on their behalf.
2, the adjournment of the trial
In accordance with the provisions of China's procedural law, one of the following circumstances, may be adjourned to trial:
(a) must be present in the court of the parties and other participants in the proceedings for good reason did not come to court;
(b) the parties to the temporary application for disqualification;
(c) need to notify the new witnesses (C) the need to notify new witnesses to the court, access to new evidence, re-appraisal, inspection, or the need for additional investigation;
(D) other circumstances that should be postponed.
From the medical dispute cases we represent, the second and fourth in the situation appeared rarely. More often than not, the first and third situations. If it is "must appear in court," often before the lawsuit, the judge will be in the form of a summons very "serious" notification, if the notice is not, but also by way of notice served. Because, the judge is also very clear, if the party is not able to come to court, is not able to explain the facts of the case. He is able to attend the hearing on time is necessary to wait for his arrival by way of adjournment! The most common situation is the third situation, there are new circumstances in the proceedings, and sometimes it is also a party to the "strategic" considerations, as a means to achieve the purpose of the litigation, such as: delaying, waiting for the patient's condition to recover, and so on. Therefore, the patient and his family, the lawyer should be based on the specific circumstances of the case, to avoid adverse proceedings; reasonable use of the provisions of the litigation in favor of their own results.
3, the suspension and termination of proceedings
In accordance with the provisions of China's procedural law, in the litigation of special circumstances, the judge may decide to suspend and terminate the proceedings.
Procedure law provides for one of the following circumstances, can be announced to suspend the proceedings:
(a) the death of a party, need to wait for the heirs to indicate whether to participate in the litigation; because of the medical litigation is the patient and his family members as the plaintiffs together, so even in the course of the litigation, the patient died, the family members of the deceased can continue to carry out the litigation process;
The law provides for the suspension of proceedings. p>(b) a party to the loss of litigation capacity, has not yet determined the legal representative; such a situation is similar to the above description of the situation, is not too big a problem. Will not become an obstacle to the patient's family litigation. In accordance with the relevant provisions of the litigation law, a party to the loss of litigation capacity, the patient's family is its legal representative, you can represent the patient in the litigation process;
(c) as a party to the termination of legal persons or other organizations, has not yet determined the rights and obligations of the bearer; such a situation is relatively rare, some of the private hospitals will occasionally be the case, but in case of such a situation, it is likely not to be waiting for the case. In such a case, it is likely that it is not waiting to determine the bearer of the rights and obligations. Often, the other party sees that the situation is not good, "roll cover" and run away! Patients and their families are not faced with a situation of suspension, but more likely the judge declared the end of the proceedings, which is what we described below!
(d) a party due to irresistible reasons, can not participate in the proceedings;
(e) the case must be based on the results of another case, and the other case has not yet been concluded;
(f) other circumstances that should be suspended.
In order to prevent the case from being "long-drawn-out", the litigation law also provides for the resumption of the litigation after the reasons for the suspension have been removed. The medical dispute proceedings will continue.
The Law of Procedure stipulates that the lawsuit can be declared closed if one of the following circumstances exists:
(a) the plaintiff dies, and there is no heir, or the heir gives up the right to litigation;
(b) the defendant medical institution or organization goes bankrupt or is abolished, and there is no property, and there is no one who should be liable for the obligations. If such a situation occurs, the patient and his family will face the problem of not being able to get the verdict. Even if there is a judgment, the patient and his family win the case, but also encountered the problem of "difficult to implement". Such situations are often the result of "bad faith" medical organizations. This is the last thing that patients and their families want to see.
The good news is that neither of these scenarios is likely to occur! Since medical litigation involves the patient and his or her family as plaintiffs, even if the patient dies during the litigation process, the family of the deceased can still continue with the litigation process, and this will not be a major obstacle in the law. The court has relevant enforcement procedures, and patients and their families can still pursue their legal responsibilities.
4, the formation of the trial transcript
In accordance with the provisions of the procedural law, the trial process, the clerk should be all the activities of the court proceedings into the transcript, signed by the trial staff and the clerk.
The court transcript shall be read out in court, or the parties and other participants in the proceedings may be informed to read it in court or within five days. The parties and other participants in the proceedings that the record of their own statements have omissions or errors, the right to apply for correction. The court record shall be signed or sealed by the parties and other participants in the proceedings.
If the patient and his family are not satisfied with the result of the judgment, and want to go through the appeal trial procedure for the second trial, the court of the second trial will retrieve the court transcript of the court of the first trial, review the proceedings of the first trial, as the legal basis for the second trial to change the judgment. Therefore, patients and their families should read and review the contents of the trial transcript before signing.
5, the form and time of pronouncement of judgment
In accordance with the provisions of China's procedural law, the people's court of public or closed hearing of the case, all public pronouncement of judgment. If the judgment is pronounced in court, it shall be sent within ten days; if the judgment is pronounced periodically, it shall be sent immediately after the pronouncement of the judgment. When the judgment is pronounced, the party must be informed of the right of appeal, the time limit for appeal and the court of appeal.
The judgment is a criterion for the end of a litigation stage; if the patient and his family are satisfied with the result of the judgment, they should wait for the passage of the appeal period so that it is an effective legal judgment. The patient and his/her family can apply to the court to enforce the judgment. If the patient and his/her family are not satisfied with the outcome of the lawsuit, they should file an appeal in a timely manner, according to the time specified in the judgment. Since the appeal is based on the dissatisfaction of the first trial, different from the appeal of the litigation requirements, it is recommended that the patient and his/her family members be represented by an attorney to write the appeal brief. Targeted appeal request facts and reasons.
6, on the trial period
According to the provisions of China's procedural law, the court proceedings are divided into: ordinary and summary procedures. The related trial period is also different.
I. Ordinary legal proceedings trial period
The people's court applies the ordinary procedures of the case shall be concluded within six months from the date of filing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the President of the Court; if an extension is still required, it shall be reported to a higher people's court for approval.
In accordance with the relevant provisions of the procedural law, in medical proceedings, the time of identification is not calculated to the trial period. That is to say, the above time limit is "pure trial" time limit, not including the identification of time, therefore, this calculation over, a litigation stage down, the patient and his family to get a judgment in ten months to a year's time. Can be said that the medical dispute litigation is a "long war", is a "protracted" constantly submit materials, procedures, facts, court, the process of the appraisal. For patients and their families and lawyers will be a very laborious process. Therefore, here again to remind the patient and his family before the lawsuit should be fully prepared psychologically. To do a good job of "long war" to prepare, the patient's family at the same time to be ready to time, energy, money.
Second, the period of summary proceedings
In response to the fact that China's medical disputes are endless, China's litigation law also stipulates that the Basic People's Court and the court it dispatched to hear medical disputes, the facts of the case are clear, the relationship between the rights and obligations of the clear, the controversy is not a simple case of medical disputes, can be applied to the summary procedure. For simple medical dispute cases, patients and their families may sue orally. Both parties to a medical dispute may go to the Basic People's Court or the court it dispatches at the same time to request a resolution of the dispute. The Basic People's Court or the court dispatched by it may hear the case immediately or at another date. The basic people's court or the court it dispatches to hear a simple civil case may summon the parties and witnesses at any time in a simple manner. Simple medical dispute cases are heard by a single trial judge. A court hearing a case by applying the simplified procedure shall conclude the case within three months from the date of filing.
Simple procedures are often applied to cases where the facts of the case are very clear and the other party fully recognizes the case. In practice, such cases are more to determine the amount of compensation for a problem. Otherwise, in determining the facts of this aspect of the appraisal process, the time will increase a lot, it is no longer a summary procedure. In accordance with the provisions of the procedural law, the parties to the application of summary procedures to object, the people's court that objection is established, or the people's court in the process of trial found that it is not appropriate to apply the summary procedure, the case should be transferred to ordinary proceedings. That is to say, will be converted to ordinary procedures, or for the six-month trial period.
7, the formation of the judgment
In accordance with the provisions of China's procedural law, the judgment shall state:
(a) the cause of the case, the claim, the disputed facts and reasons;
(b) the decision to determine the facts, reasons and applicable legal basis;
(c) the results of the judgment and the burden of litigation costs;
(d) The period of appeal and the court of appeal.
The judgment is signed by the trial judge and the clerk and stamped with the seal of the People's Court.
We said earlier that the judgment is a criterion for the end of the litigation stage, if the patient and his family are satisfied with the result of the judgment, they should wait for the passage of the appeal period, so that it is an effective legal judgment. The patient and his/her family can apply to the court to enforce the judgment. If the patient and his/her family are not satisfied with the outcome of the lawsuit, they should file an appeal in a timely manner, according to the time specified in the judgment. Since the appeal is based on the dissatisfaction of the first trial, different from the appeal of the litigation requirements, it is recommended that the patient and his/her family members be represented by an attorney to write the appeal brief. Target the facts and grounds of the appeal request. Because the patient in the appeal submitted by the first instance judgment, the trial judge, the other party dissatisfied with the narrative, therefore, in the submission of the appeal does not want to submit directly to the original first instance judge. Want to submit directly to the hands of the second instance judge, in fact, this is a misunderstanding of the litigation process. In accordance with the provisions of China's procedural law, the parties directly to the people's court of second instance appeal, the people's court of second instance shall, within five days of the appeal shall be transferred to the people's court of first instance. Because, this is related to a working procedure between the court, the court of first instance is required to appeal the case to write a legal opinion submitted to the court of second instance. That is to say that the judge of the first instance is required to see the appeal. Patients and their families should not take the "long way around" on this issue, but should follow the procedures prescribed by law. If you have a lawyer on your side, this can be a problem. Even if the lawyer does not have a medical background, he or she is familiar with the litigation process. The role of lawyers to represent the case comes into play!
8, the entry into force of the judgment
In accordance with the provisions of China's procedural law, the Supreme People's Court's judgments and rulings, as well as according to the law is not allowed to appeal or more than the period of appeal without appealing the judgments and rulings, is the judgment and rulings of the occurrence of the force of law.
Usually, the appeal period is fifteen days, calculated from the date when the patient and his family receive the judgment. Only after the appeal period is a legally effective judgment, you can apply for the court's execution.