Some friends have accidentally damaged their eyes and want to determine the level of injury. What should we do? Perhaps you can refer to the following case:
[brief introduction]
On January 5, 2018, the patient was injured by a two wheeled motorcycle. The diagnosis was: bilateral frontal lobe contusion and laceration, right optic nerve injury, right visual acuity decline, etc. On April 25, 2018, according to the identification of a Judicial Expertise Center, the patient's right optic nerve was damaged due to a car accident, and his right eye vision decreased. He has undergone right nerve decompression and orbital pressure surgery, and now his right eye is blind grade 4. According to the provisions of 5.4.2. A) in the identification standard of human injury degree, it is classified as grade II serious injury.
[focus of dispute]
Is the right eye blind level 4 established?
[cross examination opinion]
After preliminary examination and appraisal opinions, lawyer Zeng Qinghong raised the following questions:
1. In the identification data, there was no report on the diagnosis of right eye visual acuity parameters, in other words, there was no diagnostic basis for identifying grade IV blindness.
2. Whether the joint action of injury and previous injury / disease is considered, and if so, the degree of injury shall be reduced.
3. Does the right eye have vision? Can 5.4.3 be considered. C (minor injury level I) severe visual impairment in one eye.
4. The identification of visual impairment often involves pre injury visual acuity and subjective and objective examination methods, which are often difficult to grasp and controversial in practice. It is usually necessary to provide the visual acuity before injury and objectively check the visual acuity after injury to eliminate subjective forged results. However, in practical work, most of the injured can not provide pre injury vision, so it is difficult to provide a very objective result. Therefore, in case of monocular visual impairment, ophthalmic examination shall be performed simultaneously compared with the healthy side, and ophthalmic examination shall be performed in case of bilateral visual impairment to make a comprehensive judgment.
5. The timing of identification is inappropriate. The degree of visual nerve damage is generally identified at 3-6 months, and the patient is identified at 20 days 3 months after injury. Therefore, the identification time is too early, and the injury is not completely stable, so the possibility of vision improvement cannot be ruled out.
In conclusion, lawyer Zeng suggested that the parties should provide all appraisal materials, consult relevant forensic and ophthalmologists, and submit a written application for re appraisal within three days after receiving the judicial appraisal opinions.