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1. Medical malpractice appraisal is an appraisal of administrative disposition in accordance with the provisions of the Medical Malpractice Regulations, which is different from judicial appraisal. Since the appraisal of medical malpractice is mostly initiated by the doctor, and the appraisal is organized by the medical association, it is inevitable that the parties will have reasonable doubts, and its impartiality is also quite debatable.
2. The standard of compensation, because the compensation standard stipulated in the Regulations on the Handling of Medical Accidents is much lower than that of ordinary personal injury compensation. In judicial practice, people are more willing to choose to file a lawsuit, ask for a judicial appraisal, and obtain compensation. The minutes of the 2008 Shandong Provincial Trial Work Conference made it clear that the compensation for medical malpractice is too low, and it can be balanced with reference to the general personal injury compensation.
3. Even if it does not constitute medical malpractice, the medical fault appraisal can still be carried out and compensation can be claimed based on the fault.
Fourth, it is also very possible to falsify medical records, and it is difficult to make up for this evidence now. Some medical records can be denied according to the daily medication receipts or the altered content of the medical records, etc., so as to achieve the purpose of your advantage.
Medical disputes are quite complex, and it is important to have a good lawyer.
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If the medical association is unfair or the appraisal does not constitute medical malpractice, can I still be compensated? Second, I am still in the hospital**Can I refuse a medical malpractice appraisal and seek a judicial appraisal? Third, can you tell me how to do it? Please, everyone, it's really good to care about your advice.
The above questions are now made:
1. If the medical association is unfair, it can apply for re-appraisal or judicial appraisal to obtain reasonable appraisal results and use it as strong evidence in litigation. Compensation can be obtained that includes moral expenses.
2. If it has been appraised many times, it does not constitute medical malpractice. Then you don't have the right to compensation.
3. The "reversal of the burden of proof" is implemented in medical disputes, that is, the hospital provides evidence to prove the relationship between its medical behavior and the result of the damage. In other words, this identification is provided by the hospital.
Final recommendation: sue the hospital directly.
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Your medical malpractice, medical malpractice appraisal is only after the judicial appraisal, in the legal order You can ask a better lawyer to help you
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Your medical malpractice, medical malpractice appraisal before judicial appraisal,
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You must apply for a medical malpractice evaluation, during which you can apply for expert recusal. If you are not satisfied with the result, you can apply for a redo.
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What you are asking about is the relationship between mortgage and security.
Guarantees are divided into general guarantees and joint and several guarantees. General guarantee refers to the guarantor's failure to perform the guarantee liability unless the debtor is absolutely insolvent; Joint and several guarantee means that as long as the debt has not been repaid after the repayment period, the creditor can require the guarantor to bear the guarantee liability, regardless of whether the debtor has the ability to repay or not.
The key issue mentioned in your materials is whether the guarantee provided by Company B is a general guarantee or a joint and several guarantee. If the full value of the collateral is not enough to repay the debt, it will be repaid with other assets of A, and B does not need to bear the guarantee liability as long as A still has any assets and the ability to repay the debt. If it is a special guarantee, there is no way, if the creditor asks B to repay the debt, B can only fulfill the obligation.
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Strive to prove that the other party has the ability to repay, and ask the court to preserve its collateral and company assets.
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The responsibility of the guarantor is to have obligations within the scope of the guarantee! B repays the loan first and then recovers from A.
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1. Company A may be involved in a crime.
2. Company B is jointly and severally liable.
3. In the case of litigation, the real estate value of Company A is 19 million, of which 10 million must be repaid to the bank first, and the remaining 9 million can be distributed proportionally among other creditors (including the bank).
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It's normal to be a few days late, and if an employee puts too much emphasis on their rights, it will only attract the disgust of the employer.
By the 10th of this month, you have not reached the standard of working for a full month, so your salary should not be settled until the 14th according to the regulations, and many units for the convenience of the procedure, like you, even leave it until the next month, so I do not advocate that you defend your rights in this case, unless you did not intend to continue working in this unit, then you can resign, and the unit should also settle your salary on a daily basis.
If you are forced by life to not reach the next month, and you need a salary very much, just communicate with the leader or finance to solve it, don't "defend your rights" at every turn, you are right, but it will do you more harm than good for your working life.
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First of all, if you are not satisfied with the forensic evaluation, you can apply for a re-evaluation and find a more credible appraisal agency to do it; Second, if the negotiation fails, you can hold him accountable, and as for the verdict, the judge will probably make a decision based on your father's injuries, the impact of the problem, and the sharing of responsibility. You can negotiate with your neighbors to solve it first, and see if it can be done, after all, if you don't see it when you look up, you can see it when you look down, and it's not good for anyone if it's too stiff; In view of the fact that the specific situation such as the problem is not clear, it is recommended that you go to the local judicial office or lawyer for further consultation, which involves a specific operational issue.
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Criminal responsibility is no longer a matter of whether your family will pursue it or not, this is a matter for the state, and you don't have to worry about it.
For the civil compensation part, your father's medical expenses, lost work expenses, and nutrition expenses, you will calculate them, and the civil compensation will be submitted together with the trial in the future.
And you can ask the other person to remove obstacles to your travel.
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1. If it constitutes a minor injury, it should be investigated for criminal responsibility, not criminal responsibility, and the choice is not yours, but the procuratorate.
2. If an intentional injury causes minor injury, a sentence of up to three years imprisonment, short-term detention or other penalties shall be generally imposed 3. If the injury is minor, when the other party is sentenced to fixed-term imprisonment, you may file a civil lawsuit attached to the criminal case to claim your losses.
4. If a settlement is reached, it can be used as a consideration for the other party to reduce the criminal punishment.
5. Personal suggestions should be resolved through communication and negotiation based on the principle of mutual respect and mutual concession between neighbors.
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Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury. To commit this offence requires injuries to be minor or above. If the injury is found to be minor, the person who intentionally wounded is guilty of intentional injury.
A sentence of up to three years imprisonment, short-term detention or controlled release is to be given. The crime of intentional injury is a non-private prosecution case, and in accordance with the provisions of the Criminal Procedure Law, a case shall be filed, and the public prosecution procedure shall be followed, and personal reconciliation is useless. However, if the police do not file a case, if you feel that it is necessary to hold someone responsible, you can directly sue the court.
In other words, if the police do not file a case, it will be useful for you to reconcile.
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Can be reconciled, see articles 277, 278 and 279 of the Criminal Procedure Law. There are no specific criteria for the parties to a settlement procedure in a criminal case. If you want to reconcile, it's best to go to the public security procuratorate and ask about the specific operation method.
If you are from Guangdong, Guangdong already has relevant specific operation methods. As for whether you will not prosecute after you settle, it depends on how the public security organs and the procuratorate determine it, and if the crime is not serious and the harm is not great, it is okay not to transfer it, and it is okay not to prosecute.
Then change the cause of action according to what the court said, the practice of courts in different places is different, you just submit the relevant supporting materials, that is, change the cause of action, it doesn't matter.
This question is a bit complicated, so it is best to prepare the materials and consult a lawyer to recommend a free consultation to you**.
OK. If there is evidence that you really got leukemia because of work, it is best to have a certificate or something, but this is usually difficult. Do you mean compensation other than medical expenses?
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