Disciplinary Guidelines

Li Linghua couldn't hold back in the end, and found a public opinion pusher to make this matter a local news.

Fortunately, she followed Jiang Heng's suggestion and didn't mention the doctor's matter, and only focused on "the third party suspected of murdering the only son of the original spouse".

Modern people's life is fast-paced and stress emerges endlessly. They rely on these morally corrupt criminals to relieve their boredom all day long. By the time the medical malpractice case is in court, this matter has become the number one topic in the local news.

On the day of the court session, the weather in Shanghai was not very good. It had been foggy since early in the morning, and there were occasional drizzles, which made people irritable.

The trial time is 02:30 in the afternoon, and Li Linghua arrived an hour earlier.She put on her makeup meticulously today, and she seemed to be trying to maintain her aura, but unfortunately her red and swollen eyes still exposed the fact that she was haggard.

Liu Qiang came with her, and he was a little restless in the car, always subconsciously looking out.

Jiang Heng waited in the parking lot ahead of time. Seeing this, he held up his umbrella and went to the car, and picked up Li Linghua.

Li Linghua didn't sleep last night, her eyes were red and bloodshot, she looked tired and depressed, as if she was holding on with only one breath.

She held a small box in her hand, squeezed it tightly, and held it in her arms without letting go.

"It's Xiaowen's favorite model inside." Li Nan reminded Jiang Heng in a low voice by closing the car door: "It's a birthday present from his mother."

Jiang Heng nodded, indicating that he understood.

He had seen many of these plaintiffs before, who would bring some small items of the deceased to court when they appeared, expressing their condolences and wanting them to witness the outcome "with their own eyes".

Ji Yao also came early, only 10 minutes later than Li Linghua.He and Wang Tao came in the same car, and when they entered the gate of the court, Li Linghua and the others were still standing in the parking lot.

Jiang Heng was dressed very seriously today, wearing a black overcoat over his suit. He looked tall and had long legs, which was quite eye-catching among several people.Ji Yao's eyes subconsciously looked at him, Jiang Heng seemed to sense it, and looked at him from a distance of half a parking lot.

Then Ji Yao took the first step to look away.

"Let's go." Wang Tao parked the car and walked over, looked at Li Linghua's group, and said to Ji Yao, "Go in."

Ji Yao nodded.

On the hot search, the news trend of "the third party intends to murder the only son of the original spouse" is intensifying. Some people scold the mistress, and many scold the scumbag. Countless likes and comments set off a small-scale public opinion storm.But because there was no mention of medical malpractice, no one noticed this inconspicuous little corner.

The district court was a little deserted, and there was no one in the auditorium, only Li Nan and a few family members of the Li family.

Ji Yao was tossing and turning nervously the night before, but when he really sat in the dock, he felt calmed down.

Anyway, that's it, let it be, he thought.

After the trivial pre-court preparations were over, the public prosecutor read out the indictment, and Ji Yao listened to it distractedly, feeling that it was Jiang Heng's handwriting.

He has an inconspicuous little habit of writing indictments. He always chooses a few fixed words habitually. Ji Yao used to watch him write exercises, and he almost memorized them.

Li Linghua's appeal is very simple. She doesn't care about the accompanying civil compensation, and only wants to severely punish this medical accident according to laws and regulations.

"According to the medical report and judicial appraisal submitted by the plaintiff, when Li Wen performed the operation, the CD4 immune cell index was less than [-]. From a clinical point of view, the operation could not be performed." The presiding judge said: "But the defendant still chose surgery, right?"

"Mr. Li Wen's condition was very serious at that time, his abdomen ruptured and hemorrhaged, and he was at risk of infection." Wang Tao said: "In this case, his physical fitness could not support a complete preoperative examination, so our client chose immediate surgery. Test. Since the immediate test result was negative for HIV, our client underwent surgery according to the normal procedure.”

"About Mr. Li Wen's HIV positive, all his relatives know about it. On the day of the incident, Mr. Liu Qiang, Li Wen's biological father, was clearly present, but the medical staff did not explain the situation to him. Instead, he chose to have no blood relationship with the deceased. Zhou Fang, who is related to the relationship, is the signing agent." Jiang Heng said: "From a procedural point of view, this violates the right of informed consent of the immediate family members. Therefore, we have reason to suspect that the doctor involved did not conduct detailed investigations with the patient's family. Communication, so that the final result of unclear understanding of the patient's condition."

Jiang Heng's tone was very cold, with a bit of a businesslike mechanical feel.In Ji Yao's impression, except when Jiang Heng spoke with a stick in his arms when they reunited, he was rarely so aggressive.

In private, Jiang Heng is actually a good talker.He is gentle and considerate, has a tolerant attitude towards many things, and is good at empathy, so he rarely argues with others.

But the interesting thing is that he himself is not actually a gentle and kind little sheep.He has his own ideas, bottom line and persistence, which can be regarded as the same to some extent.

Now it seems that all his sharp and powerful side is put to work.

"Mr. Liu Qiang was unconscious after drinking that day and was unable to respond immediately. In addition, Mr. Liu Qiang and Ms. Zhou Fang had a close relationship, so our party mistakenly believed that Ms. Zhou Fang was a direct relative of Mr. Li Wen." Wang Tao said: "And regarding the preoperative risk notification, Mr. Liu Qiang was present the whole time, and there was surveillance video as evidence—I applied to show the evidence."

The judge quickly granted Wang Tao's request.

In the monitoring screen, Zhou Fang is holding Liu Qiang with half support and half arms, and Ji Yao is standing opposite them, frowning and saying something.Liu Qiang cried a lot, so Ji Yao directly handed over the consent form for the operation to Zhou Fang.

"At that time, Mr. Liu Qiang and Ms. Zhou Fang were together throughout the whole process, and there was no separate explanation of the preoperative risks." Wang Tao said: "During this process, Mr. Liu Qiang did not raise any objections to the surgical plan, nor did he explain that he was HIV positive. "

"The testimony of the plaintiff's witness clearly stated that before signing the consent form for the operation, he explained Li Wen's illness and physical condition to the defendant at the door of the emergency room," the prosecutor said.

"Our party clearly stated that he has not received any feedback on relevant information." Wang Tao said very firmly: "Liu Qiang was in a state of drunkenness at the time, and his consciousness was not clear enough, which may have confused his memory."

"Did Liu Qiang appear obviously drunk at the time?" the presiding judge asked.

"Yes." Wang Tao said.

"Is he conscious?" asked the presiding judge.

Wang Tao hesitated for a moment, then turned his head to look at Ji Yao. Ji Yao didn't dare to answer rashly, fearing that his words might be wrong, so he shook his head at Wang Tao.

"Not fully awake." Wang Tao said: "So we believe that Liu Qiang's testimony may have omissions and confusion, and it cannot be used as the only conclusive evidence."

"So you mean, knowing that the other party was not sober, the defendant gave a 'surgery risk notification' to a drunk person?" Jiang Heng asked suddenly.

Wang Tao's heart skipped a beat.

For he soon discovered that he had fallen into a trap.

If it is admitted that Liu Qiang was unconscious, then Ji Yao's so-called "pre-operation notification" is meaningless. He did not obtain the consent of his immediate family members, nor did he report the matter to the hospital according to the method of handling people with limited capacity. It's wrong in the process.

However, if it is admitted that Liu Qiang had a clear self-awareness at the time, it will sideways increase the persuasiveness of his testimony.

Ji Yao obviously also noticed this problem, his heart tightened suddenly, and he looked sideways at Wang Tao.

"Defendant." The presiding judge said, "Was Liu Qiang deeply drunk at the time?"

"Tell the truth." Wang Tao said in a low voice.

"He is indeed drunk." Ji Yao thought about it carefully, because he was nervous, so he stumbled a little: "But he was able to communicate with me, he kept crying during the process, and told me to save his son. "

"What more does the public prosecutor want to ask?" said the presiding judge.

"Application for witnesses to appear in court." The public prosecutor said.

At this point in the trial, the completeness of Liu Qiang's testimony is extremely important.

According to the principle of isolation, Liu Qiang did not attend the trial. When he was called in, the atmosphere in the room was very tense. Li Linghua's eyes were red, and everyone's eyes in the room were on him, which made his legs weak.

Liu Qiang didn't know where the court trial was going, he couldn't help feeling guilty, his eyes wandered back and forth between Li Linghua and Ji Yao.

He walked up to the witness stand in three steps, read the guarantee in a daze, and then repeated the words he had said countless times before under the questioning of the public prosecutor.

"What situation were you in when you communicated with the defendant?" the prosecutor asked, "Do you take the initiative to inform, or answer the questions asked by the doctor."

"I took the initiative to say it." Liu Qiang said quickly: "He said he was going to operate on Xiaowen, so I said it quickly."

"What is the specific content?" the prosecutor asked.

"I told them that Xiaowen had AIDS, and asked them to treat him carefully." Liu Qiang said, "I also told them to rescue Xiaowen...the situation was urgent at that time, so he left after I finished speaking."

"Was there anyone else present?" the prosecutor asked.

"And Zhou Fang." Liu Qiang said, "The others are gone."

"Where are the medical staff?"

"No." Liu Qiang said, "Only this doctor."

"We have something to say." Wang Tao raised his hand to signal: "According to the surveillance video, it can be seen that during the communication process, our client was surrounded by other medical staff, including a head nurse and two A doctor on duty."

At that time, there was a lot of chaos outside the emergency room, and several people passed by Ji Yao, but it was a pity that they were not present the whole time, so everyone's testimony was incomplete.

But Wang Tao deliberately didn't speak clearly, Liu Qiang was flustered for a moment, and said: "Then... that may be because I remembered wrongly."

"Liu Qiang!" Li Linghua became emotional suddenly, and couldn't help shouting: "Can you count!"

"Silence," said the presiding judge.

Li Linghua's chest heaved rapidly, trying to suppress her anger, and stared at Liu Qiang.

"I, I have evidence!" Liu Qiang was terrified by Li Linghua, and subconsciously shouted: "I have a recording!"

"What recording?" asked the prosecutor.

"Just what happened that night." Liu Qiang said bravely, "I have evidence!"

Ji Yao was stunned suddenly, he subconsciously looked at Jiang Heng, only to see Jiang Heng frowning slightly, his expression seemed a little surprised.

"The period for presenting evidence has passed." The public prosecutor said in a bad tone, "Why didn't you get the evidence earlier?"

"I... I just discovered it last night." Liu Qiang said, "I only saw it when I turned over my phone. It seems that I accidentally touched the recording button."

Wang Tao frowned, turned his head slightly, leaned close to Ji Yao's ear, and asked in a heavy tone, "Did he say it?"

"No." Ji Yao said, "I'm sure he didn't, never said that."

Wang Tao frowned and thought for a while, finally gritted his teeth, and said that he understood.

"We agree to on-site cross-examination." Wang Tao said.

"We have no objection either." Jiang Heng said.

Liu Qiang licked his lips nervously, took out his mobile phone from his pocket, unlocked it and handed it to the presiding judge.He was so nervous that his hands were shaking, and Li Linghua's gaze was firmly fixed on his hand, as if looking at a straw.

The presiding judge pressed the play button, and there was a chaotic sound from the mobile phone. The sound of the rolling wheels of the bed mixed with the small human voice, it seemed that Liu Qiang's voice was a little distorted.

"Doctor... Xiaowen is in a special situation..."

The background sound in the recording is messy, but it can still be heard from some iconic detailed sounds. It was indeed recorded in the hospital.

Ji Yao's face suddenly became ugly.

"We apply to listen again." Jiang Heng said.

The presiding judge had no objection, and soon played him again.

This time, Jiang Heng seemed to have confirmed something, he closed a document in his hand, and put the cap on the signature pen in his hand.

Li Linghua became excited. The recorded evidence was far more useful than the testimony. She subconsciously sat up straight and wanted to say something, but before she could speak, Jiang Heng gently pressed her hand under the table.

"Lawyer Jiang...?" Li Linghua looked at him puzzled.

Jiang Heng didn't speak, just shook his head slightly at her.

After a brief identification, it was preliminarily confirmed that the recording was not a synthetic product, but a recording file that came with the original phone.

"It must be fake." Ji Yao said in a low voice, "This is a fake."

"I know." Wang Tao said, "The key is how to be sure it's fake."