SF express "life-saving medicine" delay the death of patients, lawyers said SF should bear the responsibility for breach of contract2017-10-19 02:31:10 534 ℃
Wen |AI Financial Society Tang Yu
Yang Shufang | series
Because send a late "life-saving medicine", SF was pushed to public opinion tuyere.
According to media reports, Wang's relatives due to brain stem hemorrhage in Sichuan, Langzhong, a hospital rescue, the urgent need of a "Shen Jie needle" drugs. In October 9th, Mr. Wang commissioned his colleagues to purchase drugs in Zhejiang Province People's Hospital, and sent them back to Sichuan home with SF express, and the Express Couriers promised to deliver it within 4 days. According to a single query, the 12 p.m., shipment shipped to Hangzhou Guali distribution center, but on the third day, but found that the drug was shipped to Kunming. Until the afternoon of the fifth day, the patient had died of brain death, and the medicine was still on the way.
The picture comes from the Legal Evening News
However, winter thunder brain doctor core group of experts, Shanghai International Medical Center Director Dr. Li Dongbo told AI news agency, Shen Jie not life-saving drugs, whether brain stem hemorrhage death, does not depend on the use of Shen jie.
But did not comply with the commitments on schedule and distribution of drugs, SF is blameworthy. Beijing City, the lawyer Zhang Xinnian said, according to the relevant provisions of China's "contract law", should bear the liability for breach of contract in the event of SF express company. Mr. Wang, the sender of the drug, has the right to ask SF to bear the liability for breach of contract within the actual loss range.
Lawyer: SF is not scheduled to deliver drugs, should bear the responsibility for breach of contract
At 14:08 on October 16th, SF official micro-blog issued a statement on the matter.
The statement said, the patient is still receiving treatment in Langzhong people's Hospital of Nanchong city in Sichuan Province, there is no drug because of delays resulting in death. Because send medicines into powder, according to the relevant laws and regulations, not by air delivery. After the courier because of the transfer link operation error, resulting in a day delay, the customer eventually at 14:19 14 minutes to sign.
SF said, for delivery in the process of operation error, no excuse. And sincere sympathy to the patients and their relatives.
According to the Legal Evening News reported that around 3 o'clock in the afternoon, the patient died, and now the body has been shipped back to his hometown for burial.
Mr. Wang, who bought medicine and sent drugs, said that because there was no medicine in the area, he could only buy it in Hangzhou. Choose express mail drugs have considered the risk of delay in time, but the home to Hangzhou also have to delay 2 days, think SF has good reputation, and express commitment four days will be able to, so choose to believe sf.
After the matter was reported, SF Chengdu company staff rushed to Langzhong to see the family, but also with ten thousand yuan consolation money, but was resolutely rejected by the family, and finally the two sides did not reach an agreement.
Mr. Wang hopes he luck in the designated media newspaper to apologize, and come up with feasible measures for drug mailing.
The Beijing lawyer Zhang Xinnian told AI financial agency, drug sender Wang drug delivery courier company and pay the express fee, a contract relationship is formed between the fact and sf. In this contract relationship, Wang's contractual obligation is to pay the contract price, and the express company's obligation is according to the agreement on time and ensure the quality of the drug sent to the designated recipient address. In the case of Wang's performance of the payment obligation, the courier company did not deliver the drug according to the promise as a matter of fact, which constitutes a breach of contract.
Brain expert: Shen Jie needle non life-saving drugs
This is called the "life-saving medicine" Shen Jie acupuncture, pharmaceutical name is "single sialic acid four hexose ganglioside sodium."".
The product information is mainly used for the treatment of vascular or traumatic central nervous system injury and Parkinson's disease. In the acute phase of the disease, daily 100mg, intravenous drip; after 2-3 weeks to maintain the amount, 20-40mg per day, generally 6 weeks.
Winter thunder brain doctor core group of experts, Shanghai Punan hospital chief physician Wang Wei told AI news agency, Shen Jie is not the so-called life-saving drugs, but a kind of neurotrophic drugs, used to repair damaged nerve cells, has no effect on the nerve tissue necrosis.
Winter thunder brain doctor core group of experts, Shanghai International Medical Center Director Dr. Li Dongbo said, Shen Jie not life-saving drugs, whether brain stem hemorrhage death, does not depend on the use of Shen jie.
In the interview, Mr. Wang said, "the treatment plan is determined by the doctor after the evaluation, which is the best solution.". No referral or find experts, not because of economic problems. He doesn't think that the company's delay in delivery is the cause of the patient's brain death, but it is also true that the commitment is due to be delivered four days later and not delivered until the sixth afternoon.
Lawyer Zhang Xinnian said, the courier company to assume responsibility for the death of the deceased, the key to see the behavior leading to errors between courier drug facts and delays in the delivery of the death of the deceased results there is no causal relationship. If the drug is not an objective life-saving drug, and is not the only life-saving straw for the dead, courier companies can not bear the responsibility for the death of the deceased.
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