Four years ago, Hong Fangzhen's 13-year-old daughter was cut in the neck by a neighboring 17-year-old man. After that, the injuries of both the public prosecutors were assessed as minor injuries of the first degree, and the court convicted the defendant Wang Moufeng of intentional homicide and sentenced him to 8 years' imprisonment. Hong Fangzhen believes that the injury is underestimated, the daughter should be seriously injured in the first degree, hopes that the court will convict the defendant for serious injury, and she is preparing to reopen the civil lawsuit recently.
Whether it was seriously injured or slightly injured became the focus of dispute between the two sides. Hong Fangzhen told Red Star News that she had reservations about the results of the judicial appraisal, "The forensic appraisal process is not standardized, and the results of several appraisals of the length of the wound are inconsistent." In addition, the attending doctor also fabricated the admission time of my daughter, deliberately concealing some facts. ”
Hong Fangzhen said that since the incident occurred on August 23, 2017, her daughter Hong Moumou was hospitalized, and until October this year, she has been asking for medical records and case details from various departments, including hospitals. On November 1, 2021, she finally got a copy of her daughter's medical case from the presiding judge.
Hong's injury map. Courtesy of respondents
【Incident】
The 13-year-old girl is home alone doing her homework
He was beaten by a 17-year-old neighbor and cut his neck with a kitchen knife
On August 23, 2017, 51-year-old Hong Fangzhen had retired from a Sino-foreign cooperative venture for a year. Due to the early divorce, she pulled her daughter Hong Moumou alone to grow up. In the afternoon, she went out on business, leaving her sixth-grade daughter alone at home to write her homework.
The judgment of the Tongxiang Municipal People's Court in Zhejiang Province shows that on the same day, Wang Moufeng walked from his home to the platform between the second floor and the third floor to play, and saw Hong Moumou alone in the "family intermediary" office between the second floor and the third floor.
According to the judgment, defendant Wang Moufeng said that he was born on December 3, 2000, was 17 years old at the time of the crime, lived in Tongxiang City, Zhejiang Province, was Chinese, unemployed, and lived with his mother and stepfather. Hong Fangzhen also told the Red Star News reporter that when Wang Moufeng moved to her house next door with his family, Wang Moufeng was in elementary school, and his daughter had just gone to kindergarten, and the two families had known each other for about eight or nine years, but they did not talk much.
After Hong Moumou was injured
According to the verdict, subsequently, Wang Moufeng went forward to hoop Hong's neck, dragged him to the ground, and used violent means to beat Hong. In the meantime, Wang Moufeng was intent to kill, and then used a kitchen knife to cut several knives in the neck of Hong Moumou, who was lying on the ground, and fled the scene after seeing Hong Moumou's wound bleeding. After Wang Moufeng's mother learned of the situation and asked the passerby downstairs for help, the others called the police and sent Hong Moumou to the hospital for treatment.
Hong Fangzhen's court trial learned that at 3:09 p.m. on the same day, the police at the Wutong police station received a call to report the case, saying that between 3:00 and 3:10, someone was cut in the neck. According to the surgical records of Tongxiang Traditional Chinese Medicine Hospital on the same day, Hong Moumou was diagnosed with bilateral open injury, subjunctival hemorrhage (right eye), hemorrhagic shock and facial contusion after surgery. Hong Fangzhen recalled that on the same day, her daughter transfused 1800ml of blood, including 800ml of plasma and 1000ml of red blood cells, and it was difficult to rescue her from the operating table. Pictures at the scene show that after the operation, The left and right sides of Hong's neck were covered with dense stitches.
The "Blood Transfusion Treatment Consent Form" records that plasma is 800 ml, whole blood is 5 u (200 ml/u, that is, 1000 ml), a total of 1800 ml
Hong Fangzhen told the Red Star News reporter that after her daughter woke up, she told her that when Wang Moufeng entered the house to infringe on her daughter, because her resistance and call were beaten and slashed by Wang Moufeng, but it was not accepted by the court because it was difficult to collect evidence. In addition, Wang Moufeng was a private intrusion into a private house to carry out infringement, and the "family intermediary" office mentioned in the judgment was no longer open to the public as early as 2014, "but the glass on the door is still plastered with relevant words." The place of the crime has always been where she and her daughter live, and the mother and daughter moved away after the crime.
At more than 5 p.m. on the day of the crime, Wang Moufeng was criminally detained by the Tongxiang Municipal Public Security Bureau in Ximen Community and arrested according to law on September 6 of the same year. On January 24, 2018, the Tongxiang Municipal People's Procuratorate charged defendant Wang Moufeng with intentional homicide (attempted). Because of the juvenile crimes involved, the Tongxiang Municipal People's Court held a closed trial of the case.
On July 24, 2018, the court convicted defendant Wang Moufeng of intentional homicide and sentenced him to 8 years in prison. On February 20, 2019, the Tongxiang Municipal People's Court made a criminal attached civil judgment, holding that the plaintiff's losses in the attached civil lawsuit totaled 50,807 yuan, deducting the 8,000 yuan already paid, a total of 42,807 yuan, and the subsequent medical expenses and plastic surgery fees had not actually occurred, and were not supported, and could be sued separately after the actual occurrence.
【Focus of dispute】
The family said it took 4 years to get the medical case information
There were many inconsistencies between the medical case and the identification results
On the day of the incident, the Tongxiang Municipal Public Security Bureau conducted the first injury appraisal of Hong Moumou, and the appraisal result was judged to be a minor injury of the first degree. Five days later, the Tongxiang Municipal Public Security Bureau again evaluated the extent of Hong's injury. The "Forensic Science Human Injury Degree Appraisal" shows that the length of the wound has reached more than 16cm, and the appraisal opinion is that the degree of injury of Hong Moumou constitutes a minor injury of the first degree.
Hong Fangzhen recalled, "The Public Security Bureau conducted an injury appraisal of my daughter when I was not present, which did not comply with the corresponding regulations. "Paragraph 2 of article 24 of the General Principles of Judicial Appraisal Procedures shows that 'when a minor's body needs to be examined during the appraisal process, his guardian shall be notified to be present.'" Article 14 of the Rules of Procedure for Forensic Examination and Appraisal of the People's Procuratorate also has relevant provisions on 'the examination of a woman's body shall be carried out by a female evaluator or the presence of female staff'. Subsequently, Hong Fangzhen signed the "Notice of Appraisal Opinion" and said that "I have reservations" on the appraisal results.
Four months later, on December 22, 2017, the Zhejiang Provincial People's Procuratorate re-evaluated Hong's injuries. According to the "Zhejiang Provincial People's Procuratorate Inspection and Appraisal Documents", the cumulative length of the neck scar is 23 .8cm, which is assessed as a minor injury of the first degree and does not reach the degree of disability of human injury. Hong Fangzhen also has reservations about the results of the Zhejiang Provincial People's Procuratorate Inspection and Appraisal Center.
Aunt Xu, the nurse who accompanied Hong at the time, wrote in her testimony, "I can prove that on August 28, 2017, when the forensic doctor of the Public Security Bureau made an appraisal of Hong, Hong Fangzhen was indeed not at the scene. Nurse Aunt Shi also wrote, "There was a male doctor who brought two other men into the ward. Listening to their conversations with the doctor, I learned that they belonged to the Public Security Bureau. On that day, the two people were identified by the forensic doctor of the Public Security Bureau for Hong Fangzhen's daughter. I can attest that Hong Fangzhen was not out of the scene in the morning. On December 12, a Red Star News reporter called one of the nurses, Aunt Shi, who said she had written the testimony and that the situation was true. But after a long time, many details can't be remembered now. ”
Proof of two caregivers
Whether Hong Moumou's knife slash was a serious injury or a minor injury became the focus of dispute between the two sides. Hong Fangzhen told Red Star News that she did not recognize the above appraisals, "The forensic appraisal process is not standardized, and the results of several appraisals of the length of the wound are inconsistent." ”
One of the points of contention between the two sides is whether Hong Moumou has caused hemorrhagic shock due to knife slashing. The "List of Criteria for The Identification of Human Injuries" stipulates that "shock caused by various injuries (moderate)" is the second degree of serious injury, and "shock caused by various injuries (mild)" is the first degree of minor injury. According to experts, "The current clinical loss of mild shock fluid is about less than 20%, about less than 800ml, and patients are generally aware." Patients with moderate shock lose 20%-40% of the total fluid volume in the human body. Patients will develop oliguria and their consciousness is clear. ”
Hong Fangzhen said that her daughter had obvious hemorrhagic shock when she was admitted to the hospital, which was "also reflected in the medical records." The surgical records of Tongxiang Traditional Chinese Medicine Hospital on the same day show that Hong Moumou was diagnosed with four symptoms after surgery, including hemorrhagic shock. In addition, the "Blood Transfusion Treatment Consent Letter" on the day of the Tongxiang Traditional Chinese Medicine Hospital recorded that plasma was 800ml, and red blood cells (i.e., red blood cells) were 5u (200ml/u, that is, 1000ml), totaling 1800ml.
The Red Star News reporter found that the "Anesthesia Record of Tongxiang Traditional Chinese Medicine Hospital in Zhejiang Province" of the operation on the same day showed that the blood transfusion plasma was 170ml, RBC (red blood cells) 2U, colloidal fluid 500ml, crystal liquid 500ml.
The subsequent "Surgical Patient Handover Order" showed that the attending physician ticked the "unused blood products", followed by "residual amount: 1.5u of red blood cells, 170ml of plasma." ”
"Why did the amount of plasma transfusion become the remaining plasma volume and the red blood cells change from 2u to 1.5u?" Hong Fangzhen was puzzled, she also remembered, "My daughter came out of the operating room at about 7 p.m. on the 23rd, and after coming out, she continued to transfuse blood until the next day when it was almost dawn." So surely it's not just 170ml of plasma written during the procedure. ”
"However, the "Zhejiang Provincial People's Procuratorate Inspection and Appraisal Document" is based on the amount of blood transfusion during the operation, and the summary of the data shows that the plasma transfusion during the operation is 170ml, which is far less than the 800ml on the "Blood Transfusion Treatment Consent Form"." Hong Fangzhen pointed out.
In the end, the Zhejiang Provincial People's Procuratorate Inspection and Appraisal Document held that "the appraised person has the basis of damage caused by hemorrhagic shock such as bilateral external jugular vein rupture, but after timely treatment by the hospital, his emergency and inpatient medical records do not record obvious symptoms and signs of hemorrhagic shock, and the blood pressure values recorded are within the normal range." Accordingly, the diagnosis of hemorrhagic shock after the injury of the appraised person, Hong Moumou, lacks sufficient basis. ”
Four years later, on November 1, 2021, I got the copied medical records
"Since my daughter was hospitalized on August 23, 2017, to October this year, I have been asking for medical records and case details from various departments, including hospitals, but I have not been able to do so." For the medical case information that has not been obtained for a long time, Hong Fangzhen believes that someone is deliberately hiding evidence of her daughter's serious injury. On November 1 this year, she obtained the relevant medical case from the presiding judge on the grounds of her daughter's plastic surgery and skin grafting.
Hong Fangzhen told Red Star News that the attending doctor Yang Mouxuan also fabricated the admission time of his daughter and deliberately concealed some facts. In the relevant medical case information, she found that the attending doctor deliberately wrote the daughter's admission time 31 minutes late, and claimed that hemorrhagic shock was due to late hospital delivery, not knife slashing.
"Course Record"
Red Star News reporters reviewed the existing relevant medical cases and recorded that Hong was admitted to the hospital at 15:51 on the same day. According to the "Course Record", "The patient, Hong Moumou, was admitted to the hospital at 15:51 on August 23, 2017 because of 'bleeding pain for 1 hour after the neck knife slash'. "
Hong Fangzhen said that her daughter was taken to the hospital as soon as there was an accident. She recalled that after receiving the call of her daughter's accident that day, she rushed to the local Chinese medicine hospital at about 15:15 and saw that all the doctors were quickly pushing her daughter to the emergency. According to a "Patient Care Record" she had previously taken at the hospital, "at 15:20, an ambulance was admitted to the hospital within about half an hour due to knife slashes." Hong Moumou's "Tongxiang Medical Institution Blood Transfusion Application Form" time payment is also displayed as 15:41 on the same day, earlier than 15:51.
Regarding the neck injury, Hong Fangzhen also believes that it is underestimated. The medical records of Tongxiang Traditional Chinese Medicine Hospital record that Hong Moumou is "bilateral external jugular vein rupture, full and part of the sternocleidomastoid muscle rupture of the latissimus cervical muscle, accompanied by active bleeding". She believes that according to the "rupture of large blood vessels in the neck" listed under the "Standards for the Identification of the Degree of Human Injury", Hong Moumou should be seriously injured in the first degree.
According to the relevant interpretation and applicable guidelines of the Standards for the Identification of the Degree of Human Injury, the major hemorrhage in the neck refers specifically to the common carotid artery, excluding the external jugular vein.
【Re-identification required】
The Court found that the grounds were insufficient and did not grant it
The family is ready to reopen the civil lawsuit
After her daughter's injuries were judged to be minor injuries of the first degree, Hong Fangzhen raised an objection to the court, arguing that "the victim's injuries constitute serious injuries, and the relevant appraisal opinions should not be accepted, requesting a re-evaluation and hoping that the court would convict the defendant for serious injury." “
In December 2018, entrusted by the Tongxiang Municipal People's Court, the Judicial Appraisal Center of Shaoxing University of Arts and Sciences once again evaluated Hong's injuries. The entrusted matters are to determine the disability level, lost work period, nursing period, nutrition period of Mr. Hong, whether follow-up treatment is required, follow-up treatment costs (including rehabilitation fees, plastic surgery fees), disability levels (spiritual), and follow-up psychological counseling costs.
In the end, the court held that, upon investigation, the appraisal opinion in the case was issued by an appraisal institution or personnel with corresponding qualifications, the procedures were legal, the materials on the basis were objective and true, and the appraisers had also appeared in court to make reasonable explanations of the relevant issues, and the conclusions made on this basis should be accepted, and the reasons for the victim's legally-designated representative to apply for re-appraisal were insufficient and were not allowed.
Hong Fangzhen told the Red Star News reporter that because a year and a half has passed since the time of the crime, the "Appraisal Opinion" of the Judicial Identification Center of Shaoxing University of Arts and Sciences only identifies the scars left by the "bilateral open injury" of the neck, one of the four symptoms at the time of admission, and believes that Hong Moumou's diagnosis of "bilateral neck skin laceration, bilateral external jugular vein rupture, latissimus jugni full layer and part of the sternocleidomastoid muscle rupture" is established, and the symptoms of "hemorrhagic shock" are not identified. In addition, the Forensic Evaluation Center of Shaoxing College of Arts and Sciences also mainly identifies the level of disability in the mental aspect of Hong Moumou, rather than trauma.
The appraisal opinion shows that the results of the psychiatric assessment are that Mr. Hong suffers from post-traumatic stress disorder, and it is not appropriate to assess the grade of mental disability of the appraisee.
Today, the daughter Hong Moumou is 17 years old and goes to high school, but the scar on her neck will always be the pain in the heart of Hong Fangzhen's mother and daughter. Hong Fangzhen told Red Star News that she did not want her daughter to grow up with scars and hoped that her daughter would undergo plastic surgery as soon as possible.
Hong Fangzhen still remembers that her daughter was in a coma for a week during her hospitalization, and when she woke up, she was emotional, saying that the perpetrator was going to kill her and she was going to kill him to avenge him. In the appraisal investigation of the Forensic Appraisal Center of Shaoxing College of Arts and Sciences, it was also written that the appraisee Hong Moumou complained about why his mother was not at home, saying that he would be a boy in the future. Hong Fangzhen said that her daughter's study and life have been greatly affected after the incident, and she is ready to re-file a civil lawsuit recently.
Red Star News reporter Pan Junwen intern reporter Cai Xiaoyi
Edited by Pan Li
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