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昨日,市一中院,说到去世的儿子,屈子丹失声痛哭 记者 唐浩 摄
"飞飞是给艾滋病人做手术时被感染才死的,你们现在居然还不愿按规定赔偿。"去年1月,刚参加工作的26岁医生屈燕飞死在单位。其父屈子丹称,儿子去世的原因是在手术时感染了病人的艾滋病毒。随后,他们将儿子原工作单位大足县中医院告上法院索赔11万元。昨日,该案在市一中院二审。
死者:生前称做手术染上患者的血
去年1月17日,屈燕飞被发现死在工作岗位上,2006年他刚从江苏大学临床医学本科毕业,被大足县中医院聘为专业技术人员,享受事业编制。2008年1月1日,屈燕飞被医院安排到大足县回龙镇从事医疗帮扶工作。
"1.76米的个子,爱好打篮球,怎么说死就死了?"昨日,在庭审中,屈子丹声泪俱下。他说,儿子在2006年11月曾给他打了一个电话,说做手术时一病人的血溅到了自己的眼睛里,事后才知道这位病人患有艾滋病。
屈子丹介绍,当时他还安慰儿子说,没有关系。没想到事隔一年儿子突然死了,他怀疑儿子的死因跟这次意外有关。
医院:死者当时没有机会接触病人
昨日下午,大足县中医院肖院长接受记者采访时表示,屈燕飞根本没有感染艾滋病的机会。他解释,2006年11月参与手术时,屈燕飞还在试用期,没有转正。虽然也进过手术室,但只是个助手,连碰病人的机会都没有。
肖院长称,2007年8月,屈燕飞转正时做过体检,没查出艾滋病。肖院长透露,据他所知,屈燕飞实是死于肝部疾病。
事后,屈燕飞被大足县人事局认定为因公死亡。其家属与医院协商后,在未尸检的情况下,死者遗体被火化。不久当事双方因赔偿未达成一致,屈燕飞的父母将大足县中医院告上法院索赔11万元。
庭审:双方提出的赔偿金额相差7万
昨天在庭上,对于屈燕飞是否感染艾滋病毒身亡,被告代理人未当庭反驳。但他们就赔偿标准辩论说,该医院属于差额拨款的事业单位,死者与单位之间是人事法律关系,屈因公死亡适用我市机关事业单位工作人员工伤管理暂行办法进行赔偿,而不应按照一般工伤保险进行赔偿。因此医院根据对事业人员的赔偿标准,愿承担4万余元的赔偿,而屈子丹认为,儿子是染上艾滋病毒后死亡,不应该按照对方提出的赔偿标准,而应按照工伤保险的标准赔偿60个月的社平工资11万元。
由于案情复杂,法院宣布择日宣判。
昨日,记者试图从市疾控中心了解屈子丹的儿子当时做手术的两名病人是否是艾滋病患者,疾控中心表示不能透露。记者了解到,艾滋病主要通过血液和性转播。记者从市卫生局了解到,手术时医生自己应该做好防护措施,如果患者是艾滋病人,医院应告知手术医生病人的情况。
记者 钟臻
Where young people allegedly AIDS Doctor nameless dead
Source: Xinhuanet | Time: March 17, 2009
Yesterday, the First City Court, when it comes to the death of his son, tears屈子丹photo journalist Tang
"Feifei give AIDS people are infected before surgery when the die, even now you also do not want to compensation in accordance with the regulations." Last year, one month, just 26 years old take part in the work of Doctor屈燕fly die in the unit.屈子丹his father said his son died because of surgery at the patients infected with HIV. Subsequently, they will be the original work unit son Dazu County Court Claim on Chinese medicine hospitals reported 110,000 yuan. Yesterday, one case at City Court of second instance.
The deceased: his surgery, said the blood of infected patients
January 17 last year, was found dead屈燕fly up in the workplace, in 2006 he had just graduated from Jiangsu University undergraduate clinical medicine, Chinese medicine hospital of Dazu County were employed as professional and technical personnel, the enjoyment of the cause of the preparation. January 1, 2008, hospital屈燕been arranged to fly Dazu County Back Longzhen job in the medical assistance.
"The 1.76 meters tall, loves to play basketball, how to say die on a die?" Yesterday, at the court trial,屈子丹tearful. He said that his son in November 2006 gave him a telephone, said the surgery when the patient's血溅one of its eyes, and afterwards to know the patient suffering from AIDS.
屈子丹introduction, when he comforted her son said that does not matter. One year later did not expect his son suddenly died, he suspected that the cause of death of his son with the accident.
Hospital: the deceased was no access to sick
Yesterday afternoon, Dazu County肖院长Chinese medicine hospital told reporters that there is no fly屈燕opportunities for HIV infection. He explained that in November 2006 to participate in the operation, the fly still屈燕trial period, there is no positive. Although over into the operating room, but just a helper,连碰Patient no chance.
肖院长said in August 2007, fly屈燕positive physical examination, when done, did not identify AIDS.肖院长revealed that as far as he knew, died屈燕fly is liver disease.
Subsequently, the fly was屈燕Dazu County Personnel identified as death. Their families, after consultation with the hospital, in the absence of autopsy, the deceased's body was cremated. Soon the two parties did not reach a consensus due to compensation, the parents will fly屈燕Dazu County Court Claim on Chinese medicine hospitals reported 110,000 yuan.
Trial: both sides make the difference between the amount of compensation 70000
Yesterday in court, whether for fly屈燕HIV infection to death, the defendant did not immediately refute agent. But they said the debate on the compensation standards, the hospital belong to the difference between funding institutions, units of the deceased and the legal relations between the personnel, Whitty death applies to staff of government organizations and institutions in our city Interim Measures for the Administration to carry out work injury compensation, and not in accordance with the general industrial injury insurance compensation. Therefore the cause of hospital personnel based on the compensation standards, is willing to bear more than 4 million of compensation, and屈子丹think, are his son died after being infected with HIV should not be in accordance with the compensation proposed by the other standards, but should be in accordance with the standards of compensation for work injury insurance 60 She-Ping months wages 110,000 yuan.
Because of the complexity of the cases, the court announced that sentencing Optional day.
Yesterday, the reporter tried to know from the city of CDC屈子丹son at the time of surgery whether the two are sick with AIDS, said the CDC can not be revealed. This reporter has learned that AIDS mainly through blood and sexual transmission. Reporter from the Municipal Health Bureau was informed that surgery should be the doctors themselves do a good job protection measures, if AIDS patients are people, hospital surgeon should inform the patient's condition.
Reporter钟臻
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