Thursday, September 6, 2012

Tseng Chun said the new legal newspaper


Wu Yan drink and lead to all kinds of disputes. Jiangxi Nankang a private nursing home suffered such a lawsuit.
the court's final judgment, 55% of the responsibility borne by the nursing home. Wen-Jun Xiao of the firm, the case is a profound lesson.
parents are not married gave birth to her. Her childhood living with the aunt. Later, the father and mother divorced.
grown, the desire for emotional comfort Wu Yan cohabitation with her boyfriend after a short exchanges. Disputes arise due to the emotional, Wu Yan and her boyfriend broke up.
fragile emotions of Wu Yan has been suffering from intermittent psychosis.
Since 1993, the Wu Yan mental disorders repeatedly hospitalized in Ganzhou City, a psychiatric hospital (now changed to Ganzhou City People's Hospital) and spent a lot of money at home.
date of December 1, 2010, under the guarantee of his mother and stepfather, 30-year-old Wu Yan and Nankang sunset red apartments for the elderly signed into the apartment agreement. This is a by Nankang civil affairs department approved the establishment of the private nature of the nursing home.
agreement Wu Yan's accommodation and daily living care, the apartment is responsible for by the staff of the apartment twice a day to arrange for their medication. Wu Yan family paid monthly to the apartment to raise the cost of 1200 yuan.
flotation separation of an apartment rarely speak, but also to communicate with others. Coupled with his mother and stepfather are perennial open clinics in Guangdong, which makes her very little to enjoy the warmth of the family.
in her mind, and his mother was the closest person. However, the mother rarely come back to visit her.
July 1 last year, Wu Yan to his mother Coco Lee (a pseudonym) to play over 20 minutes of calls, saying


In fact, Before and after, CoCo has received Wu Yan multiple calls, I hope she came back to look at themselves.
Coco Lee did not think it became her and her daughter be separated by death.
few days later, CoCo received a phone call, the person told her North Face Womens Apex Bionic Outlet, Wu Yan
Nankang red sunset apartments for the elderly is responsible for managing one had (female) staff member surnamed tell the new Legal News reporter, reception office staff to the apartment after another to take the dishes. Finally, a staff member forgot to lock the door. the following pick up a bottle of dichlorvos in the pool and drank it.
the staff found Wu Yan did not come to the dining hall, started a campaign to find. Later, they found in the apartment reception office sofa feebly Wu Yan, stood next to a bottle of dichlorvos. The staff immediately Wu Yan, filling soap and water rescue.
arrived and 120 ambulance Wu Yan rushed to the hospital, but to drink pesticide overdose Desoto UGG Boots, Wu Yan died.
the court mediation fails to reach a consensus
happened, CoCo apartment there is a certain degree of fault. Thus, on July 20 last year, she submitted to the the Nankang People's Court petition for an order the defendant, the plaintiff compensation for funeral expenses 14,546 yuan, death compensation of 309,620 yuan and a total of 32 million yuan.
prosecution, immediately caused an uproar in the apartment.
been named the new legal newspaper reporter said, aunt brought you nutrition visit each Wu Yan to call her mother, she came back to see their own, but the answer is always 'No', or something busy, did not return. p> meticulous care of her daughter, the sentence of thanks have not said that now also going to sue us, just let us find it difficult to understand. great relationship. Yan, Coco Lee was planning to go, but then Coco Lee did not go to the apartment to visit her daughter.
apartments person in charge of Chun-yuan said CoCo sent to Wu Yan apartment raised, taking into account the living to raise prices than to be sent to specialized psychiatric hospital cheap, the second is entirely in order to cast it. But at that time the apartment was willing to receive her is completely out of kindness, compassion, Wu Yan encounter.
the court accepted the case, but also conducted a mediation, but on the amount of compensation, the two sides unpaired unanimous opinion.
court trial apartment bear responsibility for 55%
court, CoCo agent of alleged Pang Great Wall, the present case Karen Millen One Shoulder, the strong toxicity of the pesticide dichlorvos sparse apartment volatile management, resulting in the mentally ill, the activities of daily living need to rely on others to assist in the care of Wu Yan mistakenly ingesting pesticide deaths.
as service agencies for the elderly, the apartment should know basic first aid measures. avoid harm results; However, the apartment staff with soap and Wu Yan perfusion, resulting in delays in the timing of treatment.
In addition, the apartment in case of mental patient care conditions and qualifications, Wu Yan income apartments, there is a certain degree of fault.
apartment did not fulfill guardianship duties North Face Polo, resulting in Wu Yan death consequences to occur, so the apartment should be liable for compensation to Wu Yan's death. The court argued, said Wu Yan suicide. Based on the two sides into the apartment agreement, the apartment offers nursing services, Wu Yan, self-injurious behavior, without any fault, shall not be liable.
In addition, the apartment of pesticides does not necessarily lead to Wu Yan's death apartment pesticides on the bathroom of the office area, and have significant risk of pesticide labeling, Wu Yan is a purpose to find Yao suicide with pesticides The storage problem has nothing to do.
court held that Coco Lee will be mentally ill daughter to the apartment raised and signed into the apartment agreement, the two sides formed a service contract relationships. Apartment suffering from mental illness to know Wu Yan, still living raise revenue Wu Yan apartment, apartment acts beyond its scope of services of the elderly ask residual Orphans to help the young
Finally UGG Earmuffs Sale, the Court considered, Wu Yan's death and the apartment to prospective Xuwu Yan Apartments and care measures are not enough, pesticides custody wrong with a causal relationship, apartments there are deficiencies of care obligations and obligations, with the obvious fault, it should Wu Yan death in the apartment oral administration of pesticides caused the the CoCo loss, 55 percent of the liability. CoCo's legal guardian as Wu Yan, knowing that the apartment does not have treated conditions and Wu Yan into the apartment, the apartment is a non-professional psychiatric institutions, so CoCo empaneled fault.
Accordingly, the Court in the recent judgment of first instance, the CoCo due to the death of Wu Yan reasonable loss of 33 million yuan in compensation of 55% from the apartment.
pension agency received psychiatric patients kept risk
March 6, 2009, Tseng Chun said the new legal newspaper reporter, at present, the hospital has been paid in advance $ 3 million to the CoCo care of things.
but was sentenced to compensation, Tseng Chun still emphasize their good intentions do not get a good newspaper.
According to reports, the local medical conditions, many people are not wealthy families, some families of the mentally ill psychiatric patients are willing to be sent to a nursing home, rather than sent to a specialized psychiatric hospital.
some homes for the elderly, especially the private nursing home for their own economic interests, in itself, though not with the conditions of receiving psychiatric patients, but still violate the relevant provisions of unauthorized receive psychiatric patients living raise.
a local private nursing home staff told reporters that, if intermittent, the families of psychiatric patients are willing to intermittent psychiatric patients sent to nursing home living support, they will be received under normal circumstances. Before admission, and few will be the special inspection.
awareness of the law is weak, the mentally ill in nursing home falls, injuries, beatings, suicide, a result to occur when the disputes between family members and nursing home lawsuit.
such as the Beijing Fengtai District Court's recent sentencing case with psychiatric patients admitted to the nursing home burned to death in a dispute will be seven roommates. Roommate families of nursing home will report to court, asking them to bear the responsibility. The court's final judgment of nursing compensation roommate more than 30 million.
protection, there is a huge risk. The pension safety of indifference, is a profound lesson.

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