Dear presiding judge and judge
In accordance with the relevant laws and regulations, Liaoning Haixing Law Firm accepted the entrustment of the plaintiff in this case and appointed me as the litigation agent in the case of personal injury compensation dispute between the plaintiff and the defendant to participate in the litigation activities in this case. Now, according to the laws, regulations and relevant evidence materials involved in this case, we express our agency opinions as follows:
First,? The plaintiff's application for forensic identification has a legal basis.
Although the medical malpractice technical appraisal by the Medical Association did not constitute a medical malpractice, the defendant violated the medical agreement and took out the plaintiff's eyeball "Ogilvy" without the plaintiff's consent, which led to the plaintiff's facial paralysis, bilateral axonal nerve injury and double eyelid injury after the operation. According to the Supreme People's Court Document Law (2003) No.20, Notice on Trial of Civil Cases of Medical Disputes with Reference to Regulations on Handling Medical Accidents on June 6, 2003, the defendant's behavior constitutes other medical damage caused by reasons other than medical accidents.
(a) the behavior of the actor is illegal.
That is, the behavior of the actor violates the prohibition or mandatory provisions of laws and regulations and infringes on the legitimate rights and interests of others.
The above legal provisions can confirm that the defendant has the legal obligation to inform when performing surgery. In the process of patient treatment, the defendant shall truthfully inform the plaintiff of the treatment plan and the possible consequences of the plan according to the General Principles of Civil Law of People's Republic of China (PRC) and the principle of good faith. As a patient, the plaintiff has the right to know the consequences of treatment, and on this basis, weigh the interests and choose whether to accept treatment. In addition, the consumer protection law clearly stipulates the right to know and the right to choose. Therefore, the defendant did not fully inform the plaintiff of the risks of operation and postoperative complications, which not only violated his legal obligations, but also violated the plaintiff's legal rights, and his behavior was illegal.
(2) The actor is at fault.
Before performing an operation for the plaintiff, the defendant should be able to foresee the possible risks of the operation by virtue of his professional ability. However, the defendant did not fully inform the plaintiff of the risks, which violated the basic duty of care, and its fault was obvious.
It is absurd for the defendant to think that the plaintiff can perform the operation without telling him.
(20 10) * * The fourth item of the technical appraisal analysis opinion of medical malpractice of Liaoning Medical Association: "The medical side has not informed enough, but it has nothing to do with the patient's current situation." Confirm that the defendant's notice is insufficient. The plaintiff claims that the treatment fee is not the current treatment fee, but the treatment fee for postoperative facial paralysis and bilateral axonal injury.
(3) Causing harmful consequences
After the operation, the plaintiff was diagnosed by the hospital and confirmed that facial paralysis and bilateral axonal injuries had recovered after treatment, but the postoperative injuries were objective. At present, the plaintiff's lower eyelid contracted, resulting in dry eye, the lower eyelid could not be wrapped normally, and the damage to the eyes continued. In order to be more beautiful, the plaintiff spent a huge sum of money on cosmetic surgery, but because the operation suffered great mental pain and could not judge how the eye injury would develop in the future, she was under unspeakable psychological pressure.
In order to treat facial paralysis and bilateral axonal injury, the plaintiff spent a certain amount of medical expenses and transportation expenses, which objectively caused delays and obvious damage consequences.
(four) there is a causal relationship between the behavior and the consequences of the damage.
Because the plaintiff's operation in this case was carried out without fully understanding the consequences of the operation, the plaintiff lost the right to choose to avoid risks, which led to improper medical activities entering the operation process and made the possibility of plaintiff's damage change from theory to reality. Therefore, there is an internal relationship between the infringement of the plaintiff's right to know and the damage suffered by the plaintiff, and there is a causal relationship between the two parties.
Third,? Supplementary explanation of plaintiff's claim
(1) The medical expenses, transportation expenses and lost time claimed by the plaintiff at present are all related expenses for treating facial paralysis and bilateral axonal nerve injury. It is not legally related to the conclusion in the Technical Appraisal of Accident TreatmentNo. (20 10) * * issued by Liaoning Medical Association, and the defendant did not fully inform the plaintiff, which caused the plaintiff to bear the expenses that should not have occurred, and should be borne by the defendant.
(2) The defendant removed Ogilvy from the plaintiff's eyes without the plaintiff's consent, and the defendant should refund the operation fee. (20 10)*** Analysis opinion 3 of Accident Treatment Technical Appraisal of Liaoning Medical Association holds that whether Ogilvy was taken out did not bring harm to the plaintiff. However, it is the plaintiff's own right to take out Ogilvy, which is included in the operation expenses paid by the plaintiff, and the defendant should not take it out without the plaintiff's consent. According to the operation name in the agreement provided by the defendant to the court, it can be confirmed that the plaintiff did not agree to do this project.
The plaintiff's claim is in accordance with the law and should be supported.
Life should be a process of continuous learning, but no matter how hard and diligent a person is, it is impossible to fully master the relevant professional knowledge of all walks of life, especially in the face of diseases and other situations, trusting professional institutions and professionals has become our only choice, so the law stipulates the right to know. Without the right to know, you can't choose the right direction by your own judgment. The law stipulates the full right of the relevant institutions to inform, precisely to better protect the basic rights of every citizen, such as the right to interpret in court. In this case, it was the defendant's failure to fulfill the legal obligations stipulated by law that led to the plaintiff's damage from possibility to reality. If this behavior is not corrected and the defendant's behavior is not warned, it will not only be unfair to the plaintiff, but also condone the defendant's illegal behavior, which will not only make the plaintiff bear economic losses, but also bear great mental pain.
To sum up, the original complaint is in compliance with the law, so please ask the collegial panel to make a judgment in full combination with the facts of the case and in accordance with the relevant laws and regulations.
Attorney: Ma Xiaojun, lawyer.
? June 30, 2065 438+00