From the WeChat public account: Yu Mo, ID: yumoyuqing2015. Author Law Reading Library Original Tribal Member Ge Feng. Legal Reading Library Submission Email: [email protected].
After two seasons of the popular Japanese legal drama Legal High, starring Masato Sakai, it released two critically acclaimed specials in 2013 and 2014: 2013SP and 2014SP. Among them, "Legal High 2014 SP" pays tribute to the 2003 hit Japanese drama "White Tower", focusing on medical disputes and doctor-patient relationships, starting with a medical dispute case.
Ms. Nakahara Samika sought medical treatment at Dongdu General Hospital because her husband was terminally ill. After examining the patient's condition, Akame recommended a new drug with fatal side effects to Nakahara, and although Nakahara expressed concern about the new drug, he signed a letter of understanding and chose to use the drug because of his expectation of curing his husband and his trust in medical authority.
After two days of medication, Zhongyuan's husband finally died. Although Zhongyuan had doubts about the hospital's medication and was dissatisfied with Akame's simple apology and urging him to be discharged, he had no choice but to bury her husband without deeply investigating the cause of her husband's death and the hospital's responsibilities. However, when she witnessed the "extortion lawyer" Kujo and Ma who threatened to expose the news to the media, threatened to go to court, and coerced her boss to raise the amount of the out-of-court settlement, Nakahara's desire to pursue truth and justice resurfaced, and she asked Kujo to seek justice and compensation for herself and her husband.
Although he is known as a "blackmail lawyer" who is said to be engaged in the lowest-end business in the legal profession, Jiutiao is not a novice in the legal profession, and a detail in the film shows that Jiutiao is not an idle person, and this detail is the worn-out silver judicial badge worn on Jiutiao's chest.
To elaborate on a few sentences, the judicial badge is Japan's "Three Masters of the Law Cao" (that is, the "Three Masters of the Legal Circle" with equal status): the emblems worn on the chests of judges, procurators, and lawyers are called the judicial badge (eight mirror medals), the procuratorial badges (autumn frost badges) and the Ben nurse badges (Libra sunflower badges), and the three emblems have strong symbolic significance: "The eight mirror medals" are simple and powerful, resembling octagonal bronze mirrors, and the center of the badge is a seal book "cut" character, which means that the judges are just in a judgment and clearly observe the autumn; the autumn frost scorching sun, describing the procurator's integrity and fierceness, The Libra Chrysanthemum Chapter symbolizes the mission of lawyers under the Japanese Lawyers Law to "uphold basic human rights and achieve social justice." The Lawyer Badge is a gold-plated silver badge, and in general, the battle-hardened Lawyer Badge is so worn that the badge reveals the silver material under the gilded face. Therefore, Kujo lawyers are experienced lawyers. Of course, there are also big-name lawyers who apply for gold badges, for example, the badge on the chest of Kensuke Komimon, played by Masato Sakai, is always shining.
(In order, the law, the procuratorate, and the law badge)
After Kujo took over the case, the opponents he encountered were Gu Meimen, the hospital legal adviser and poisonous tongue lawyer, and Lawyer Dai Zhenzhizi, who took the pursuit of justice and truth as his mission. According to the established line of thought, Jiu tipped off the hospital and reconciled, but Gu Mei men easily took over the move, and Jiu Tiao lost the battle. The underconfident lawyer Kujō had planned to abandon the lawsuit, but because of Nakahara's encouragement, he was determined to fight seriously.
The unfavorable factors in front of the nine articles are at least as follows: the patient's family signed a letter of knowledge, the causal relationship between the new drug and the patient's death is unknown, and the medical and medical reciprocal, the traditional negligence medical lawsuit win rate is less than 20%, and the Dongdu Hospital has a deep wealth. Therefore, the initial idea of Kujo was to openly find a way to prove that the hospital knew that the side effects of the new drug were too great, but concealed the truth for the reputation of profit and efficacy, in order to prove that the hospital was negligent, and there was a causal relationship between the new drug and the death of the patient, and won the lawsuit; secretly, it dug deep into the scandal of the failure of the president of Akame and the hospital to treat patients, put materials on the media, and put pressure on the hospital, in order to achieve that even if the lawsuit failed, the hospital would reach an out-of-court settlement with it due to the scandal and the pressure of the class action, and obtain a de facto out-of-court victory.
The nine-point pursuit of "victory outside the court" is understandable. First, the position of the doctor and the patient due to financial resources and resources is seriously unequal, resulting in unequal litigation ability between the two sides, and the adjudication result will generally be more favorable to the "strong" party. For example, Professor Marc Galanter, a sociologist of law, once divided the parties into single parties and repeat parties according to the size of the parties and the amount of resources they controlled, believing that the latter had an advantage in litigation. For individuals who may have experienced one or two lawsuits in their lifetime, the hospital is clearly a repeat party with an advantage, and the odds are greater. Medicine is a field of knowledge monopoly, specialized terminology knowledge, the outsiders know very little, and the key to medical cases is often the degree of professional knowledge, even experienced lawyers to remove the medical coat, there is a great difficulty. Second, on the surface, the lawsuit initiated by Jiu-Tiao was conducted in the courtroom, and it was natural for the media to pay attention to the case, and in the initial stage of the litigation, the destructive power of his means to society and the medical industry was still within the controllable range. Therefore, due to the unequal status of the actual legal subjects, the Nine Articles assist the litigation by means outside the court in order to oppose and even defeat powerful hospitals.
In court, Kujo took his strategy to the extreme, he deliberately exposed the scandal between President Akame and the hospital to the media, the media did not disappoint Kujo, borrowing the lines in the play to say that "people prefer scandals", the scandal crushed the hospital and the family of Akame Dean, Akame President was portrayed by the media as an imperious and ill-intentioned doctor, the hospital was forced to remove President Akame under pressure, agreed to reach a settlement agreement with Kujo, and the president of Akame under pressure died due to the original heart attack.
However, as Gu Meimen, who is experienced and insightful of human nature, said, "The best way to dispel scandals is to create more unbearable scandals", Gu Meimen through the interrogation of witnesses in court, and the same method of breaking news to the media, destroyed the credibility of the plaintiff's witnesses, and through the small ambiguity between Jiutiao and Zhongyuan, attacked Jiujo's professional ethics, and also portrayed Zhongyuan, who had experienced complexity and misfortune in life, as a disgraceful woman who did not repeat herself and set up sets of high compensation, and the lives of Zhongyuan and Jiujo were plagued by the double-edged sword of public opinion.
(Lawyer Kujo and Ms. Nakahara)
When the prosecution and defense parties used the media to engage in a brawl inside and outside the courtroom, both parties were under pressure from public opinion, and when the case entered the dead end, Akame's dean Ai disciple and his son-in-law, Dr. Hirose, were guided by their hearts to "apogate" in court, pointing out that the hospital knew about the drug defect but did not say that there was a high probability of causal relationship between the new drug and the death of the patient, and once put Gu Meimen and the hospital into a situation of imminent failure.
At this time, Lawyer DaiJin Zhizi discovers another clue and pulls the case back to the trial itself, and together with Gu Meimen, she finds the evidence that President Akame tried to prove that the new drug is indeed the most effective drug at the moment. They won the case by presenting data conclusions in court to show that the new drug was indeed effective despite its side effects, that there was no treatment negligence in Akame, and that medical progress was indeed the death of a case of unfortunate patients. After the lawsuit ended, Dr. Hirose, the daughter of President Akame, and Nakahara apologized to each other, hoping that the death of her husband would advance medicine.
The end of the film is undoubtedly an ideal picture of doctor-patient disputes, the court as a place of adjudication, providing a place for the parties to understand each other, and the parties return to the trial of the case itself, pursuing the truth and justice in their respective hearts.
The theme of medical disputes in this film is close to the people's livelihood, although it cannot be regarded as a real law and court, but it can be used as a window to peek into the Japanese social landscape, legal system culture and human nature, and the plot rhythm is not inferior to that of British and American legal dramas. In addition, the film itself has a lot of wonderful details and side stories, the court defense strategy is also very brilliant, and many lines are pointed to the heart, which requires readers to see the original film.