The boy vomited and died while taking a nap in kindergarten, and the family claimed 1.6 million! The court ruled

Source: Chutian Metropolis Daily Jimu News

Jimu news reporter Zhou Hao

A boy over 5 years old takes a nap in kindergarten,

sudden vomiting,

Death due to ineffective medical rescue.

recently

Guangzhou Intermediate People's Court of Guangdong Province

The case was finally decided,

The civil judgment was also published.

The court found that

In addition to the fault of the kindergarten response,

Parental fault and negligence are also important factors.

The civil judgment published on the judgment document network discloses that Feng Yinuo (pseudonym) was born in 2012 and began studying at a full-time preschool education institution in Guangzhou since 2016. On September 11, 2018, Feng Yinuo went to school normally. At about 12:00 noon that day, Feng Yinuo took a lunch break in the kindergarten bedroom, which had a male teacher and two female teachers in the bedroom. One of the female teachers had been sitting next to Feng Yinuo.

Feng Yinuo lay down for about a minute, and his body began to appear strange, and a few seconds later, vomit overflowed. When the female teacher found out, she stood up and tried to lift her head to the side, but tried to pull him up several times, but without success. After that, the female teacher left the bedroom, Feng Yinuo lay alone on the bed, and the male teacher present reprimanded the other children to leave, but did not come to the rescue with another female teacher.

Less than 30 seconds after the female teacher left, she entered the bedroom with a female nurseryman, who rescued the boy. After that, the kindergarten called the emergency number twice. More than ten minutes later, Feng Yinuo was carried into the health room, and the nursery staff continued to rescue him. About five minutes later, he was driven to the hospital for treatment, but eventually died due to ineffective rescue. From Feng Yinuo's abnormality to the medical treatment, the whole journey takes about 23 minutes.

On September 20, 2018, the local forensic identification center determined that Feng Yinuo was eligible for death due to acute respiratory dysfunction caused by inhalation of respiratory foreign bodies (gastric contents).

After the incident, Feng Yinuo's parents believed that when their son vomited, the teacher on duty failed to find out in time, and did not take measures after discovery, missing the best rescue time, resulting in his son's vomit inhalation into the respiratory tract, suffocation death, and the treatment method was obviously improper. His parents sued the court of first instance for compensation of more than $1.6 million.

The kindergarten said that according to the medical records, Feng Yinuo had been ill since childhood and had been hospitalized many times, with a medical history and serious respiratory diseases, but his parents had always adopted a hidden attitude and did not truthfully inform the kindergarten.

In January 2019, the court of first instance made a judgment that the kindergarten should compensate more than 910,000 yuan. In October 2019, the Guangzhou Intermediate People's Court revoked the original judgment and remanded it for a new trial on the grounds that the basic facts of the case were unclear and the judgment was not based on sufficient basis.

In November of the same year, the court of first instance reopened the case. Both parties appealed to the Guangzhou Intermediate People's Court against the civil judgment of the Panyu District People's Court of Guangzhou City, Guangdong Province. After filing and accepting the case on December 1, 2020, the court formed a collegial panel to conduct the trial in accordance with law. During the second-instance trial, none of the parties provided new evidence to support their claims. After review, the Guangzhou Intermediate People's Court confirmed the facts identified in the first review.

The Guangzhou Intermediate People's Court held that the case was a liability dispute for educational institutions. According to relevant laws and regulations, where a person without capacity for civil conduct suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; however, if it can be proved that he has fulfilled his educational or management duties, he shall not bear tort liability. At the time of the incident, none of the teachers present could take reasonable and effective rescue measures. From the cause of death appraisal report and the opinion of the appraiser, it can be determined that the boy was overweight before his death, and had a history of respiratory diseases and febrile convulsions, and his obese constitution and respiratory diseases were the condition factors for his vomiting and inhalation of gastric contents causing suffocation. However, his parents did not provide evidence that he actively intervened and changed Feng Yinuo's physical fitness, and did not exercise due diligence in his daily parenting protection. Even if a minor suddenly falls ill while temporarily out of his or her care while in school, he or she cannot be exempted from the fault of his or her parents for their daily parenting misconduct.

The hospital considered the causes and degree of fault of all aspects, and determined that Feng Yinuo's guardian and the kindergarten were equal to the causal force and degree of fault of the consequences of his death, and both parties each bore 50% of the civil liability. Deducting the funeral expenses already paid by the kindergarten, the kindergarten will also pay more than 440,000 yuan.