In order to better play the role of cases in guiding and standardizing judicial expertise, on July 5, 2023, The Ministry of Justice issued four cases, namely, Forensic Clinical Appraisal Case of Medical Faults and Causality of Binocular Retinopathy of Premature Infants Caused by Oxygen Inhalation by Institute of Science and Technology of Law University Court, Forensic Pathological Appraisal Case of Death Cause of Patient Ma Moumou after Infusion by Ningxia Forensic Judicial Appraisal Center, Forensic Appraisal Case of Collision Form and Traffic Behavior Mode of Traffic Participants in Road Traffic Accidents by Institute of Forensic Science, and Environmental Damage Appraisal Case of Chongqing Spiegel Judicial Appraisal Institute for a unit violating land use planning and carrying out project construction to destroy cultivated land. The cases released this time are concentrated in the fields of medical health, traffic safety, ecological environment protection, etc., which are closely related to people’s production and life, fully embodying the characteristics of judicial expertise serving the people and litigation activities, and have strong typicality, demonstration and guidance.
In recent years, the Ministry of Justice and local judicial administrative organs have conscientiously implemented the decision-making arrangements of the CPC Central Committee on judicial expertise, actively promoted the reform of the unified judicial expertise management system, earnestly strengthened supervision and management, constantly woven a tight supervision network through special governance, comprehensive evaluation and spot checks, and comprehensively used various means to consistently improve the quality and credibility of expertise, making important contributions to ensuring the smooth progress of litigation, promoting judicial justice and safeguarding the legitimate rights and interests of the people.
The above cases can be searched and consulted in "Judicial Administration (Legal Service) Case Database" of China Legal Service Network.
Case 1
The Institute of Science and Technology Appraisal of the University of LawBinocular retinopathy in premature infants after oxygen inhalationForensic clinical appraisal case of medical fault and its cause strength
Brief introduction of case
On November 27, 2018, after Li was born, he was treated with oxygen inhalation in an incubator in a maternal and child health hospital because of "cyanosis, spitting and poor reaction for 10 minutes after premature birth and suffocation". He was discharged after nearly 50 days of hospitalization. After leaving the hospital, Li was treated in other hospitals. On January 29, 2019, he was diagnosed with "binocular ROP (phase 5)". After many operations, he left behind serious consequences of blindness. In order to find out whether there is any fault in the diagnosis and treatment of Li in a maternal and child health hospital and the magnitude of the cause in the consequences, the people’s court entrusted the Institute of Science and Technology Appraisal of the Law University to conduct an appraisal.
After all the medical records were submitted for examination, and referring to the consultation opinions of clinical experts, the appraiser believed that the hospital had a clear clinical diagnosis after the birth of the appraiser Li, and the diagnosis and treatment measures adopted basically met the needs of the disease treatment. However, there are some wrong diagnosis and treatment behaviors in a maternal and child health hospital: first, the oxygen therapy for the identified person is high in content and lasts for a long time, and the respiratory management is not standardized; Second, the relevant fundus screening of retinopathy of prematurity (ROP) was not paid attention to, and the risk foresight was obviously insufficient; Third, inadequate information about retinopathy of prematurity (ROP).
At the same time, the identified Li has the basic factors of ROP: premature infants (gestational age 30+4W) and low birth weight infants (2000g); Risk factors of ROP: asphyxia at birth, neonatal respiratory distress syndrome, respiratory distress after resuscitation, various premature complications, hypoxia and oxygen treatment; After birth, the condition is critical, the treatment is difficult and the choice is difficult.
Based on the above factors, it is considered that Li, the identified person, caused the damage consequences of ROP Phase 5 under the joint action of his own high-risk factors of ROP and medical faults in a maternal and child health hospital. The appraisal opinions issued by the appraiser are as follows: 1. According to the existing appraisal materials, there were improper oxygen use (high oxygen concentration and long duration), irregular respiratory management, failure to consider fundus screening and insufficient information about ROP risks in the diagnosis and treatment of Li, a maternal and child health hospital. 2. There is a causal relationship between the above-mentioned medical fault of the doctor and the damage consequences of ROP5 in both eyes of the appraiser Li. 3. Considering the factors of the appraised person’s own disease and medical fault, it is appropriate to take "the same cause" as the cause of the medical fault in a maternal and child health hospital.
The appraisal opinion was accepted by the court, and Li’s family expressed their understanding.
Case number:
BJSJYW1667348075
travel to watch industry
Ningxia Court Scientific Judicial Appraisal Center conducted a forensic pathological appraisal of the cause of death after infusion in Ma Moumou Hospital.
Brief introduction of case
One day in 2021, Ma went to a hospital because of "swollen neck lymph nodes for one week and swollen eyelids for one day". The initial diagnosis was: 1. Acute tonsillitis; 2. Cervical lymphadenitis. The hospital gave infusion and other treatments, and after infusion, there was loss of consciousness and cyanosis on the face. After being rescued, he was declared dead in the early morning of the next day. In order to find out the cause of Ma’s death, the People’s Mediation Committee of Medical Disputes entrusted the Scientific Judicial Appraisal Center of Ningxia Court for appraisal.
Autopsy revealed that an irregular mass with a volume of 7.5cm×7cm×3cm was seen in Ma’s anterior mediastinum, weighing 149.6g, and its section was gray and nodular. The mass adheres to the surrounding tissues, and the mass adheres to the pericardium, which is difficult to peel off. The mass continues to grow to the bilateral hilum of the lung, and the upper end reaches the upper lobe of the lung, and the mass pushes the heart down. Combined with immunohistochemical staining, microscope confirmed that the mass was thymic T-lymphoblastic lymphoma, involving the heart, bilateral kidneys, bilateral submandibular lymph nodes and other organs. The tumor spread widely, and the diffuse tumor cells of the heart, kidneys and other organs infiltrated, which could lead to the death of the identified person due to circulatory and respiratory failure.
In this case, there is insufficient evidence of drug allergy in autopsy, and no other fatal developmental malformation or basic disease is found in anatomy. Mechanical asphyxia caused by pressing the nose and mouth, strangling the neck and blocking foreign bodies in the trachea can be ruled out, as can mechanical injury caused by external violence.
Based on the above factors, the appraisal opinion issued by the appraiser is: Ma Moumou conforms to thymic T-lymphoblastic lymphoma, involving many organs such as heart, bilateral kidneys and bilateral submandibular lymph nodes, and died of circulatory and respiratory failure.
The appraisal opinion was unanimously recognized by the People’s Mediation Committee for Medical Disputes, the hospital and Ma’s family, which provided scientific evidence support for the successful resolution of contradictions and disputes.
Case number:
NXSJYW1652359449
Case 3
Research institute of forensic science on road trafficCollision patterns of traffic participants in accidents andAppraisal case of traffic behavior mode
Brief introduction of case
On a certain day in June, 2021, a passenger car collided with a human tricycles at a section of No.225 Provincial Highway in Jiangsu Province from north to south. At the time of the incident, the passenger car traveling from north to south suddenly met Li Moumou and human tricycles, who were holding an umbrella, and the two sides failed to avoid the collision. Li Moumou died on the spot and the vehicles of both sides were damaged. The two sides of the accident have disputes about the collision form of the vehicle and Li’s traffic behavior (riding or carrying out) at the time of the incident. In order to find out the real situation of the accident, the local case-handling unit entrusted the Institute of Forensic Science to make a judicial appraisal of the collision form of the vehicles of both sides and the traffic behavior mode of Li Moumou at the time of the incident.
It is found that the marks on the right front part of the passenger car and the left side of human tricycles can form a corresponding relationship between the mark-making body and the mark-bearing body, which accords with the characteristics of the collision between the right front part of the passenger car and the left side of human tricycles. Human tricycles saddle is skewed to the lower left, and it deflects counterclockwise. Combined with the analysis of the collision form of two cars, it conforms to the characteristics of skew displacement caused by the stress on the lower left of human tricycles saddle when two cars collide.
At the same time, Li’s injury materials show the injury characteristics of his lower limbs and scrotum. Combined with the collision form of two cars and the analysis of the position of two cars and Li, compared with the implementation posture, it is more in line with the injury characteristics formed by Li’s collision with a passenger car in a posture of riding across human tricycles.
Based on the above factors, the appraisal opinion issued by the appraiser is: the right front part of the FXXXXX Jeep minibus collided with the left side of human tricycles, an unknown brand without a hanging number plate, and it can be established that Li was riding across the human tricycles at the time of the incident.
The appraisal opinion was adopted by the case-handling unit, and both personnel had no objection to the appraisal opinion.
Case number:
SHSJYW1640932702
Case 4
Chongqing Spiegel Judicial Appraisal Institute conducted an environmental damage appraisal case against a unit that violated land use planning and carried out project construction to destroy cultivated land.
Brief introduction of case
In 2018, a company built a color steel shed, steel bar processing room, slope protection and other facilities in a project in Qijiang District of Chongqing without approval. According to the field survey, the actual area is 18,523.78 square meters, including 7,212.99 square meters of cultivated land, which is not in line with the overall land use planning in this area. Chongqing Mingjing Judicial Appraisal Institute was entrusted with the judicial appraisal of the damage degree of the cultivated land involved above.
The identification of this case involves the confirmation of the facts, types and areas of illegal land occupation. During the appraisal process, the appraisers conducted in-depth and comprehensive surveys for many times, and carefully analyzed the baseline confirmation, damage confirmation conditions, damage confirmation process and causality. According to the information provided by the Qijiang District Planning and Natural Resources Bureau and on-site reconnaissance, the field comparison and analysis compared with the baseline (farmland in the undamaged area around the involved area), combined with laboratory test results, and confirmed the type and quantity of land occupation of the bulldozing and slope protection site involved. The appraisal opinion issued by the appraiser is: after appraisal, a company illegally occupies 10.8195 mu (7,212.99 square meters) > 10 mu of cultivated land for bulldozing and slope protection beyond the planned red line, illegally occupies more than 10 mu of cultivated land other than basic farmland, and illegally occupies a large amount of cultivated land. There is a direct causal relationship between the actions of bulldozing and slope protection and the ecological environment damage in the area involved. There are phenomena of soil layer removal and ground hardening on the cultivated land in the area involved, and the original cultivated layer or topsoil of the land is completely destroyed, and the original planting conditions of the cultivated land are seriously damaged. At the same time, the appraisal agency also provided the entrusting party with a simple repair direction and scheme.
The appraisal opinion was adopted by the case-handling unit, which strongly supported the administrative law enforcement work of the case-handling unit.
Case number:
CQSJYW1657877881
关于作者