Medical Dispute Lawsuit If I didn t ask for moral damages in the first instance, can I still appeal?

OK. If all the plaintiff's claims are upheld. The defendant also obeyed the judgment and was willing to enforce it, and I personally suggest that you settle on this.

Because the time cost is too great, if the second instance loses the case or the money lost is not as much as the first instance, the plaintiff will suffer. There is also a need to hire a lawyer and consider the cost of time to sue for a second time, so if you just want to pay for moral damages, you have to consider whether it is worth it?

Of course, if you don't care about the cost, if you want to fight for this tone, that is, if you want to get moral damages, then you can continue to sue regardless of the cost, which is the right of the plaintiff and the defendant.

There is also a need to see if the validity period has expired, and the appeal is generally filed within 15 working days.

Moral damages were not claimed in the first instance, and cannot be claimed in the second instance when appealing. The court of second instance will not hear the case.

Only with the consent of the other party can the other party be required to compensate for moral damages in the second instance. It is estimated that it is unlikely.

Article 328 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China: Where in the second-instance trial procedures, the plaintiff in the original trial adds an independent litigation claim or the defendant in the original trial raises a counterclaim, the second-instance trial court may conduct mediation on the newly added litigation claim or counterclaim on the basis of the parties' voluntariness; If mediation fails, inform the parties to file a separate lawsuit.

Where both parties agree that the second-instance trial court will hear the case together, the second-instance trial court may make a joint judgment.

You can also claim moral damages. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, if a party does not file a claim for compensation for moral damages in a tort lawsuit, and after the litigation is concluded, a separate lawsuit is filed for compensation for moral damages based on the same tort facts, the people's court shall not accept it. The phrase "after the conclusion of the litigation" should refer to the court judgment after it takes effect, not after the court has made a judgment, because there is still a certain amount of time between the judgment and the effective date, such as a 15-day appeal period for the first-instance judgment.

Therefore, after the court makes a judgment but before the judgment takes effect, the court should accept a request for moral damages submitted by one of the parties.

This is a no-no. After appealing, the court of second instance only revolves around your first-instance lawsuit and appeal request, and even if the claim is not mentioned in the first instance, even if it is raised in the second-instance trial, the second-instance court will tell you to file a separate lawsuit and will not hear it.

If there is no claim for moral damages in the first instance, the court of second instance may mediate during the trial, and if the mediation fails, you should go to the court of first instance to file a separate lawsuit.

Article 328 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China: Where in the second-instance trial procedures, the plaintiff in the original trial adds an independent litigation claim or the defendant in the original trial raises a counterclaim, the second-instance trial court may conduct mediation on the newly added litigation claim or counterclaim on the basis of the parties' voluntariness; If mediation fails, inform the parties to file a separate lawsuit.

Medical Dispute Lawsuit The first instance did not ask for moral damages, and it cannot be appealed. However, it is possible to fight a second lawsuit and claim moral compensation. But it is very difficult, and from the question you asked, it is very clear that you are legally illiterate and have no education, and it is very unlikely that an uneducated person will win a lawsuit if he fights a lawsuit.

You should hire a lawyer and let the lawyer help you solve the problem.

If there is no lawsuit for compensation for moral damages in the first instance, the second instance cannot be initiated. An appeal must not exceed the scope of the first-instance prosecution. You can sue again in a separate case, but the court is very cautious about the cost of moral damages.

Because everyone's mental endurance is different, there is no fixed standard, and it is difficult to judge.

Article 184 of the Opinions on Several Issues of the Civil Procedure Law of the People's Republic of China stipulates that: In the second-instance trial procedure, if the plaintiff of the original trial adds an independent claim or the defendant of the original trial raises a counterclaim, the people's court of the second instance may mediate the newly added claim or counterclaim on the basis of the parties' voluntariness, and if mediation fails, inform the parties to file a separate lawsuit. Only with the consent of both the original defendant and the defendant can the court of second instance conduct mediation and mediate the compensation for moral damages, and if the mediation fails, no further litigation can be filed.

If it is not listed in the first-instance appeal, the second-instance court may mediate, but if the mediation fails, the second-instance trial cannot add to the content of the judgment of fine damages.

It depends on the outcome of the first instance, for example, if the first instance does not meet your claim, you can continue to appeal and then add moral damages.

If your claim is reached after the judgment of the first instance, then you cannot continue to appeal, so you cannot ask for moral damages.

I'm sorry, if it is not raised in the first instance, it cannot be raised in the second instance.

First of all, do you ask the lawyer to claim moral damages, if you ask for it, but because the lawyer is negligent, you can ask for a reduction of the lawyer's fees.

Negotiate with a law firm, and if you can't do so, you can go to the bar association to complain.

If you don't ask a lawyer for moral damages, then you don't have the right to do so.

It may be raised in the second instance, but the court can only mediate, and if the mediation fails, it will be notified to file a separate lawsuit. If the judgment is directly made in the second instance, then the "compensation for moral damages" has actually only been tried once, which violates the principle of final adjudication of the two instances.

Yes, where the litigation claim is added in the second instance, mediation is not successful, and the lawsuit is filed separately.

Hello. If you did not claim moral damages in court at first instance.

Then it is not possible to appeal in the second indictment.

Unless you're in a big other lawsuit so moral damages.

For most lawyers, they not only have to go to the court every day to file cases, prepare, investigate and collect evidence, receive parties, draft legal documents (not limited to complaints, replies, appeals, etc.), but sometimes receive contracts from legal counsel temporarily, need to review contracts, and even need to participate in related negotiations. Time and energy are very limited.

For some simple legal questions asked by fans who have long supported the law, I generally do not charge a consultation fee, and generally reply to fans directly through private messages.

For legal issues that are more difficult or need to consult relevant laws, regulations, local policies, and relevant cases. We usually ask fans to send the evidence materials and brief facts of the case to the email or WeChat first, and we usually work overtime during the lunch break or evening to reply to the fans' questions. Of course, for difficult problems, we take the method of small payment.

Therefore, whether free legal advice is reliable or not, the key is to look at the quality of the consultation reply and the lawyer's professional level and sense of responsibility, we can not generalize, for difficult legal issues, it is recommended that the parties ask a professional lawyer to answer, do not be greedy for free consultation cheap, suffer a big loss.

Moral damages can be appealed.

You can ask for it, but whether you support it or not is a matter for the court, and it mainly depends on the specific circumstances.

According to the provisions of our country's Civil Procedure Law, litigation claims cannot be added in the process of appeal, and the court of second instance will not hear it, let alone support it.

Appeals that are not filed in the first instance will not be examined in the second instance.

Hello, according to the relevant provisions of the Civil Procedure Law, the court of second instance shall conduct a comprehensive review and trial around the appellant's appeal request, and the people's court of second instance may mediate for the new appeal request in the second instance, and the people's court shall inform the parties to file a separate lawsuit if the mediation fails.

You can do it when you can.

Matters that were not asserted in the first instance may not be asserted in the second instance, because the first instance has given up. The second-instance trial can only be tried on the basis of the claims of the first-instance trial.

As long as the court has already decided, then it proves that you have given up, so it will not be supported.

You can sue your law firm for damages, which were caused by gross negligence on the part of your lawyer.

It is recommended not to waste this time and energy, the mental damage fee is not easy to calculate, and you will not get much.

In this case, it is generally not possible, understand?

Legal analysis: if the patient's death is caused, the maximum period of time shall not exceed 6 years; If the patient's disability is caused, the maximum period of compensation shall not exceed 3 years. It should be noted that in judicial practice, if a patient dies, the subject of the request for solatium for mental damage is the patient's family; If the patient is disabled, the claim for compensation shall be made by the patient himself, and his family shall not be entitled to compensation for moral damages.

Moral injury solatium is not counted as 6 or 3 years for every case. Not to mention that every close relative of the deceased is required to calculate a solatium for moral damages. When calculating the specific number of years, it may be determined on the basis of factors such as the patient's pre-existing medical condition, the degree of responsibility for medical negligence, the financial capacity of the medical institution to bear the responsibility, and the average living standard of the place where the defense is made.

For the disabled, the principle of 3 years of compensation for the 4th degree of disability, 2 years of compensation for the 5th to 8th grade disability, and 1 year of 1 year for the 9th to 10th grade disability can also be mastered.

Legal basis: Article 30 of the Social Insurance Law of the People's Republic of China The following medical expenses are not included in the scope of payment of basic medical insurance**

1) It should be paid out of work-related injury insurance**;

2) It shall be borne by a third party;

3) It should be borne by public health;

4) Seeking medical treatment outside the country.

Medical expenses shall be borne by the third party in accordance with the law, and if the third party does not pay or the third party cannot be determined, the basic medical insurance shall pay in advance. After the basic medical insurance** is paid in advance, it has the right to recover from a third party.

Compensation for medical malpractice, including civil liability disputes such as claims for mental compensation, may be resolved through negotiation between the doctor and the patient; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.

Compensation for mental damages: Calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient's disability is caused, the maximum period of compensation shall not exceed 3 years.

Legal basis: Article 46 of the "Handling of Medical Accidents" In the event of medical accidents, civil liability disputes such as compensation for medical accidents may be resolved through negotiation between doctors and patients; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.

Legal analysis: Compensation for medical malpractice, including civil liability disputes such as claims for moral compensation, can be resolved through negotiation between doctors and patients; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the administrative department of health and may also directly file a civil lawsuit with the people's court. Missing keys.

Legal basis: Article 46 of the Regulations on the Handling of Medical Accidents Civil liability disputes such as compensation for medical accidents may be resolved through negotiation between doctors and patients; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.