There are 12 forensic institutions that can infer the time of brain death
Original creator: Chen Jianfeng, a lawyer from Beijing Changhong Law Firm
About ten years ago, the team of Chen Lu's work-related injury lawyer team of Beijing Changhong Law Firm began to undertake an administrative lawsuit involving cerebral hemorrhage and work-related death for more than 48 hours.
From the end of 2021 to the summer and autumn of 2022, our team of Chen Lu's work-related injury lawyers at Changhong Law Firm undertook two more administrative litigation cases of cerebral hemorrhage work-related death for more than 48 hours.
This type of administrative litigation of cerebral hemorrhage that lasts more than 48 hours is gradually increasing throughout the country. We have consulted, communicated and negotiated with our team of work-related injury lawyers in Guizhou, Zhejiang, Hebei, Inner Mongolia and Fujian for such cases.
In the course of such cases, it is likely that the inference of the time of death of brain death will be involved.
In March and April 2023, I asked several forensic doctors, but either they couldn't do it, or they thought that they could only make expert arguments and couldn't issue judicial opinions. This may involve issues such as the forensic doctor's professional direction, area of expertise, level of competence and courage.
Forensic doctors and lawyers are the same, and each lawyer has different professional directions, areas of expertise, ability levels and courage.
When I went to the Chinese Judgment Online to check such administrative litigation cases, I found that the existing court required the family of the deceased to provide a forensic appraisal agency that could infer the time of death of brain death, and the family members lost the lawsuit because they could not provide the name of the appraisal agency, which is a pity.
For this kind of lawsuit that has been lost, there may be a remedy, that is, to find a forensic appraisal agency to make a favorable judicial appraisal opinion on the inference of the time of brain death, and then start the retrial procedure of self-examination and self-correction by the president at the same level, and the road has not been completely blocked. or where the new evidence obtained from authoritative judicial appraisal is sufficient to overturn the original first-instance and second-instance judgments, an application may be made to the local high court for retrial procedures.
I can do the inference of the time of death of brain death in the process of administrative litigation in such cases on the China Judgment Documents, and there are at least 12 such judicial appraisal institutions across the country that may be able to do it.
Below, I will write down the respective names of these 12 forensic appraisal institutions and the basic appraisal opinions of each of them, which may be helpful or reference for the family members of the deceased or the lawyers who undertake such cases in the future.
The first forensic institution:
Hunan Province: Xiangtan Liancheng Judicial Appraisal Institute.
The "Document Examination Opinion" found that He died due to respiratory and circulatory failure caused by cerebral hemorrhage, brainstem hemorrhage, and cerebral herniation, and the time of brain death was inferred to be about 15:11 on February 28, 2020.
The second forensic institution:
Hunan Province: Changsha Xingxiang Judicial Appraisal Institute.
The judicial appraisal opinion held that Chen was brain dead at 2:01 on May 14, 2015.
The third forensic institution:
Hunan Province: Changde Yitian Judicial Appraisal Institute.
Pathological document review and appraisal opinion: Liu was brain dead at 9 o'clock on July 26, 2013, and was brain dead within 48 hours.
The Fourth Forensic Institution:
Hubei Province: Hubei Mingjian Forensic Judicial Appraisal Institute.
The appraisal opinion is: According to the cranial CT film at 9:04 on June 9, it was determined that Huang was brain dead before the CT examination, and it did not exceed 48 hours.
Fifth Forensic Appraisal Agency:
Hebei Province: Funing Forensic Medical Appraisal Center.
(Fu Si Jian Zi [2017] Linjian Zi No. [C102]) judicial appraisal opinion: The deceased Ma entered a state of brain death after 18 hours of emergency rescue due to brain stem hemorrhage.
Sixth Forensic Appraisal Agency:
Guizhou Province: Judicial Appraisal Center of Guizhou Police College.
[2018] Pathology Jianzi No. 5 Judicial Appraisal Opinion Assessment: According to the comprehensive analysis of the materials provided, the clinical diagnosis of sudden cardiac death on October 24, 2017 (about 22 hours after the onset of the disease) has been confirmed, and the diagnosis of "brain death" at 9 o'clock on October 25, 2017 (about 45 hours after the onset of the disease) has been established.
The Seventh Forensic Appraisal Agency:
Zhejiang Province: Zhejiang Greentown Hospital Judicial Appraisal Institute.
Appraisal opinion: The cause of death of the appraised person Song was brainstem hemorrhage with brain herniation. 2. According to the available data, it cannot be ruled out that it has occurred from February 26, 2019 (within 48 hours) and is gradual and irreversible, resulting in death from total brain function loss.
The Eighth Forensic Appraisal Agency:
Anhui Province: Anhui Tianzheng Judicial Appraisal Center.
Appraisal opinion: The time of Qian's brain death was between 07:00 on November 17, 2019 and 08:00 on November 17, 2019;
The Ninth Forensic Appraisal Agency:
Anhui Province: Anhui Guangji Judicial Appraisal Institute.
Anhui Guangji Sijian [2018] (Lin) Jian Zi No. (12018) "Appraisal Opinion", the appraisal opinion is: "The appraised person Zhong was in a deep coma, lost brainstem reflexes, and no spontaneous breathing because of a sudden large-scale cerebral infarction and brain herniation on August 8, 2018, and was in a deep coma, lost brainstem reflexes, and no spontaneous breathing after August 9, and believed that the patient was in a state of brain death after surgery. FYI. ”
The 10th Forensic Appraisal Agency:
Heilongjiang Province: Harbin Dagong Forensic Center.
Ha Dagong [2023] Sick Si Jian Zi No. 154 Judicial Appraisal Opinion, the appraisal conclusion is: Liu had a brain stem hemorrhage on the morning of November 3, 2020, which met the diagnostic criteria for brain death that night (within 24 hours).
11th Forensic Appraisal Agency:
Jiangxi Province: Jiangxi Shenzhou Judicial Appraisal Center.
The appraisal opinion is: The time of death of the appraised person Liu should be between 10:30 and 11:44 on April 15, 2018.
The twelfth forensic institution:
Guangdong Province: Forensic Center of Southern Medical University.
The appraisal opinion ([2017] No. 89 of the disease), the conclusion of the appraisal opinion is that the occurrence of Yi's brain death should be at least 24 hours before the diagnosis of clinical death.
Note 1: The articles related to this article are: Chen Lu's 786th original article on work-related injuries "Administrative Litigation Cases of Work-related Death with Cerebral Hemorrhage for More Than 48 Hours Can Be Inferred as a Judicial Appraisal Institution for Brain Death".
Note 2: This article is the 989th original article on work-related injuries by lawyer Chen Jianfeng, a lawyer specializing in work-related injuries at Beijing Changhong Law Firm.