The old man of brain stem eats and suffocates alone the dead old people's home takes on 40% of responsibility

The old man of brain stem eats and suffocates alone the dead old people's home takes on 40% of responsibility
Old man's life of the brain stem is sent inconveniently to the old people's home by children, but it is not enough to take food alone to be partial to worker's hands, the death of choking of food finally. A few days ago, Qingpu District court adjudiacate in the first instance old people's home take on 40% responsibility, compensate the intersection of old man and the intersection of relative and 15 over yuan Wan.
2009, uncle Fang living alone block up, offer as a gift disease sow, because of the brain, take action inconvenient. For let old man get good treatment, children send him into the intersection of Qingpu and whole family, support parents institute, and sign and is admitted to hospital the agreement book, agree on the old people's home to offer 24 hours including feeding meals to specially attend to, it is tertiary to attend to the grade specially . Unexpectedly, in the morning of May 17 of last year, the old people's home called suddenly, claimed uncle Fang's life was critically ill. After waiting for children to get to the hospital, uncle Fang has already failed to respond to any medical treatment the body has died. Reveal in the case history of first aid, it causes the death that old man's department stops up the gullet because of the dough. After it, the death certificate which the hospital provides is stated clearly, the direct death reason of the old man is in order to suffocate, the factor of promoting the death is a brain stem .
Originally, the thing took place on the same day morning, hands of old people's home did not have enough, the protecting engineering of uncle Fang should nurse several old men at the same time, let uncle Fang eat the breakfast, after until the old man is choked, are partial to the worker and did not come from the next door. According to understanding, this does not have operation qualification to protect engineering. Uncle Fang's children think that obviously violate the contract to agree on in behavior of the old people's home, rest old institute inform, go court, demand, compensate for, add up to 38 over yuan Wan by including death damages every loss then.
The court thinks, under knowing the old man suffers from the brain stem, swallows the difficult situation perfectly well, the old people's home lets him take food by oneself, the ones that hired are partial to workers and has not obtained the corresponding practising certificate either, obviously violate the contract to agree on, should bear corresponding civil liability. But it is difficult for uncle Fang's swallowing function to decide he is unable to discharge the food while choking through coughing like healthy people, its health is the important reason of the death result too. So, the only factor of the death that it does not cause the old man to suffocate that the old people's home breaks a contract, so the court adjudicates it bears 40% of responsibility according to the circumstances. (Peng LiYing )
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