Dispatch of Dongguan sunshine net (Chen Wanlin of entire media reporter) the child's safety is the problem that every parents takes seriously very much, the child is worn in school knock touching, total meeting is uncomfortable in the parent's heart, the classmate that asks to cause child accident, school and even educational director branch assume civil responsibility also is common occurance. What in Dongguan some elementary school reads 4 year is small be good at (alias) , when the gym on last year rests, not careful knock dropped front tooth, but the origin of the accident posed issue, and because cannot be mediated, small be good at the parent can resort court.
Difference: Is gym knock drops front tooth be overturned or play be troubled by fall?
The accident is in on November 30, 2017 afternoon at 3 o'clock many minutes 40, at that time is the breathing space in gym class, classmates are playing to be troubled by or rest, right now small be good at inadvertent however trip arrives in ground knock tooth, bring about a front tooth to fall off, a front tooth ruptures. According to small be good at description of mom poplar lady, the teacher did not notify the parent instantly, just inform her after school however, small be good at the condition that describes with her is, after he takes exercise at that time, feel fatigue, sitting to rest, classmate small peak overturns him suddenly however, bring about knock to arrive front tooth.
This school expresses to the president, small at that time be good at He Xiaofeng is to playing be troubled by, the movement brings about an accident to happen greatly too between the child, nonexistent intended harm. After the accident, sports teacher was examined at once small be good at injury affection, report to the school, because small be good at oral cavity does not have massive haemorrhage at that time, the teacher notifies the parent again after simple processing.
About follow-up processing school square with small be good at parent sticks to his argument
Press the view to the president, respect of the school after the accident is accompanied 4 times small cut of manage of be good at place to go, small peak parent also paid medical treatment fee, in time of large half an year, the school and both sides talk things over near 10 times, but both sides is put in very big difference to solving means and compensatory problem. Express to the president, the teacher is not did not use up tutelar responsibility, the athletic harm that gym causes avoids hard, this is accident only, the school solves a problem in active assistance all the time.
Small Ms. Yang mirrors be good at mom, the fact is not what say like school place in that way, she ever had communicated the left and right sides 3 times with small peak parent and school, when going to a hospital seeing a tooth for the first time, small peak parent thinks play truant even, search to talk things over to the president again later when solving, manner of the other side is very perfunctory, express even already the thing is lain between very long, handle this issue impossibly for its all the time. Small be good at the tooth that break off also fell off later, dental cut is returned from time to time inflammation, but after the school took his to look 4 times, pay no attention to without giving thought to, she herself must look after children for many times to see a doctor, spent on 1000 yuan.
Because both sides cannot come to an agreement, small be good at parents tells a court together with respect to Jiang Xiaofeng and its parents, school, damages of person of claim for compensation 56241 yuan, specific include medical treatment to expend 1533 yuan, follow-up cure expends 38000 yuan, nutrition expends 2000 yuan, traffic expends 2000 yuan, delay one's work of processing accident staff expends 7708 yuan, spirit damages solatium 5000 yuan.
Dental repair expenses offends controversy to whether put spirit to damage each to have a view
In multinomial claim for compensation, highest brushstroke " follow-up cure is expended " achieve 38000 yuan, small be good at parents states this is small the fee that place of tooth of the establish after be good at manhood needs. Dongguan privatelies run issued disease diagnoses the hospital proof, writing above at present this hospital department of stomatology cultivates tooth charge to be in 10 thousand 2 to 10 thousand a 5, add establish marrow additionally to expend 1000 yuan 4, small be good at parents accordingly 38000 yuan of follow-up cure expend claim for compensation.
Express to the president, cultivating a tooth is entrance technology, did not bring into content of medical treatment insurance, the technology of tooth of the porcelain that bake of our country is mature, already brought into danger of school square responsibility, the school and insurance company had talked things over, insurance company can compensate for 15000 yuan, can use tooth of mature indigenous technology rehabilitate. Additional, small peak parents and the disease that issue to private hospital to the president diagnose a proof to raise doubt, think above " full name " " sexual distinction " " the age " waiting for content is " × " , indemonstrable this is small be good at the cost that grows tooth place need, at the same time only the view by a doctor with respect to claim for compensation 38000 yuan, suspect.
Small be good at mother expresses, the doctor mentions the life of tooth of the porcelain that bake to have 10 years only, child age is lesser, it is better to suggest to use grow tooth technology. The acting lawyer of a lunar month of 29 days says, the doctor's medical certificate is had professional with direct import, above disease diagnostic proof " full name " " sexual distinction " " the age " waiting for content is " × " , can regard as right active a specification that cultivates tooth charge to make, need not keep specific person name and an information.
Damage the problem of solatium to spirit, small be good at mother states the child did not have two front tooth, bring about it is difficult to take food and hidebound, want its to grow up to just can cultivate a tooth at the same time, vivacious to its work causes an effect, at present small be good at already appeared because of be being made fun of by other little girl self-abased psychology, to its spirit causes serious effect, because this requests mental solatium. The president says, be short of break front tooth to may be brought about small be good at temporary life is disadvantageous, but because lack front tooth to cause another person,affect psychology mockingly, say too passed, at the same time small peak is criticized severely because of parents, early days of parent of the other side enquires ceaselessly, the psychology of small peak also is affected badly. As the school, do not hope to see this kind of circumstance happening.
Both sides cannot be reached reconcile, express to hope to assume liability to pay compensation according to forensic court decision, this case adjudges choose an auspicious day.
