Students do push ups paralyzed students do push ups paralyzed latest news progress
Three years ago, Xiaoqi, 8 years old in Pingxiang, Jiangxi Province, read the wrong text. The class cadres asked Xiaoqi to do 10 push ups according to the class teacher's' rules'. Unexpectedly, Xiaoqi was paralyzed after she finished. The school said it was fun among students. Judicial expertise believes that there is a direct causal relationship between spinal cord injury and push ups. In 2018, Xiaoqi's parents sued the school and Education Bureau for a claim of 7.08 million.
The 8-year-old girl did a few push ups at the request of other students due to a reading error during her early study. After doing push ups, Xiaoqi was unwell. Then she was sent to the hospital for medical treatment. After that, she was diagnosed as spinal cord injury and identified as grade I disability.
In the past three years, Xiaoqi's condition has not been well improved. Scoliosis is is serious, resulting in rib deformation and atrophy of both feet. In order to cure the disease, the family is in debt. Unable to reach an agreement with the local education department on how to deal with Xiaoqi's injury at school, Xiaoqi's parents sued to the court in the hope of striving for their due rights and interests through legal channels.
It is reported that the teacher was not in the classroom when it happened. At that time, the girl was a study committee member. When she read early, she led the class to read Pinyin again. One of the students thought she read wrong, and then the monitor and Discipline Committee in charge of recording asked her to do push ups on the podium. Because the head teacher had a rule that if you read the text incorrectly, you should go to the podium to do push ups. At that time, she made eight by herself. Because some students said that it was not standard enough, she reluctantly made two.
After that, the waist was particularly painful, it was difficult to get up, and the back could not stand normally. Then the female student was sent to the hospital for treatment. In the past two years, I spent more than 400000 yuan in the hospital, but it has not been greatly improved. Now we can only give her rehabilitation, so that her spine and feet don't shrink so fast.
The girl's mother told reporters: when we were in the hospital, we found the school involved. Every time we said we had no money, the school would give thousands. Up to now, we have given a total of more than 60000 yuan. The school then said let's Sue, and then we sued last year.
Subsequently, the mother presented a civil indictment to the reporter. The claim was to compensate for various losses, accounting for 7088123.38 yuan, and produced a series of relevant certificates such as forensic clinical judicial expertise opinions.
However, the school once questioned whether there was a direct causal relationship between the girl's push ups and physical injury. According to the identification results of relevant departments, there was a direct causal relationship between the two. In this regard, the school said: now we are going according to the procedure. We have also had a lot of campus safety accidents and contacts, but the compensation has never been so much, basically hundreds of thousands.
Students do push ups paralyzed students do push ups paralyzed latest news progress
There is a direct causal relationship between spinal cord injury and push ups
It is worth mentioning that in previous reports, the local education department questioned whether girls' push ups were the main cause of their physical injury. The focus of this debate was further confirmed in these two trials. The people's Court of eastern Hunan entrusted Jiangxi truth-seeking Judicial Expertise Center to make a relevant appraisal on whether there is a causal link between the girl's injury and doing push ups.
The final conclusion drawn from the judicial expertise opinion of Jiangxi truth-seeking Judicial Expertise Center is: 'in this case, from the consequences of biomechanics, spinal cord injury of injury machine and paralysis of both lower limbs, there is a close relationship between Xiaoqi's spinal cord injury and push ups. There is a direct causal relationship between them, and the participation is proposed to be 96% ~ 100%.'
On October 24 this year, Zeng Zhen, director of the security and stability Office of Xiangdong District Education Bureau, said in an interview that Xiangdong District Education Bureau has been cooperating with the evidence collection and investigation of the court and will respect the final judgment.
Is the sky high compensation reasonable?
Previously, the school had believed that Xiaoqi was not corporal punishment, but that the students were playing games, and stressed that push ups were an examination item, which could not rule out students' diseases.
In this regard, Xiong Chao, a lawyer of Beijing Jingshi law firm, believes that according to Article 38 of the tort liability law: "if a person without civil capacity suffers personal damage during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if he can prove that he has fulfilled his educational and management responsibilities, he shall not be liable." Whether it is corporal punishment does not prove that the school has fulfilled its responsibilities of education and management, nor can it reduce the responsibilities that the school should bear.
Xiong Chao believes that there is a legal basis for the parents' claim for sky high prices. In the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation cases, Article 17 stipulates: "if the victim is disabled due to injury, the necessary expenses incurred due to increased living needs and the loss of income due to loss of working ability, including disability compensation, disability AIDS, living expenses of dependants, and rehabilitation care The compensation obligor shall also compensate for the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred in continuing treatment. "
Xiong Chao said that according to the judicial provisions on personal injury compensation, it may not reach the amount required by parents, but from the perspective of life development, better medical schemes and medical devices will be very helpful to Xiaoqi's future development. 'I think there should be so-called high or sky high compensation cases in China, Such cases will better arouse our attention to personal protection '.