As a Lawyer, You Sent the Judge In?
Chapter 431: The idea of rebuttal is that I didn’t do it without evidence.
Chapter 431: Refutation, no evidence = I didn’t do it
???”
“What the **** is this? Not only does the attending doctor prescribe exorbitant medical bills, the patient cannot afford it.”
“And you also hinted that the patient’s family used fake official seals to pay medical expenses?”
“This kind of operation looks really fantastic! But the more outrageous something is, the more real it is!”
“Speaking of which, is there really such a doctor in reality?”
“How can this be fake? Many doctors have been exposed as taking kickbacks. This has been on the hot search many times. Anyone who has been to the hospital in private knows it. How can it be fake?”
“Hahaha! Most of them are good, but some of them are really outrageous!”
“I once met someone who, on the surface, was polite and did everything for your own good.”
“But the medicines prescribed were all useless. I only found out after asking my distant relatives!”
“The matter of prescribing the medicine is very likely to be true, but the implication of engraving a fake official seal is too outrageous. I am inclined to believe that it is also true!”
….”
Most of the viewers who watched the live broadcast of this court trial came because of the sky-high medical expenses and privately carved official seals with Li Dong to save his wife.
After all...medical treatment is related to the people's livelihood, and saving one's wife can evoke many associations.
So many people were attracted to watch this public trial.
But many viewers did not expect that this case would have such a big secret!
There has been an incident where the attending doctor hinted at the patient and sealed the official seal privately.
To be honest, this incident has further expanded the influence.
On the barrage of the live broadcast of the court hearing.
Intense discussion broke out about this incident.
These discussions did not affect the continuation of the trial.
At the court hearing.
Lin Wenjie never thought that this matter could lead to him.
And it was in court!
What does Li Dong’s private seal engraving have to do with him?
He did hint at Li Dong, but what was he hinting about?
What he hinted at was to ask Li Dong to think carefully about medical expenses.
Think of ways to pay fees.
Did he directly ask Li Dong to engrave the official seal privately?
not at all!
The other party’s lawyer entrusted him with the lawsuit, just to drag him into trouble!
Although he was indeed wrong on this point.
But Lin Wenjie didn’t want his affairs to be exposed to the public’s view.
Because if these circumstances are confirmed, then his career will be completely ruined.
Not to mention that his entire reputation was ruined, his many years of operation in the hospital were also ruined.
It is even very likely that you will be expelled and notified by the hospital, and you will be held criminally responsible!
Thinking of this, Lin Wenjie frowned and looked very helpless about the current trial situation.
He turned his head and looked at the hospital lawyer.
The hospital's lawyers are sorting out litigation materials.
This time he is participating in the trial as the prosecutor, and the interests of the hospital must be taken into consideration.
But what is the situation now?
The current situation is that Su Bai has directly pulled down the fig leaf of the hospital.
The hospital is also very aware that some doctors will prescribe medicines indiscriminately.
Even more, sometimes hospitals will issue certain indicators for doctors to prescribe medicines.
To achieve the purpose of generating income.
After all, the hospital is responsible for its own profits and losses.
What the appellant has stated at the trial, especially the public trial, is that doctors prescribe medicines indiscriminately.
This is a serious violation of the interests of the hospital, and the matter is particularly serious.
If this is not done properly, the Health Bureau may conduct a large-scale investigation of the hospital.
Moreover, it may even lead to the intervention of the supervisory authorities.
So in court, as the hospital's lawyer, the first thing Zhou Wei has to protect is the interests of the hospital.
Zhou Wei simply sorted out the materials and was ready to make a rebuttal at any time.
At the judgment seat.
As the presiding judge, Wei Guoming frowned slightly after hearing Su Bai's statement.
From the perspective of Su Bai’s entire appeal request, the content of his statement is clear and there are no major problems.
The focus of this case is the crime of picking quarrels and provoking trouble and fraud.
Su Bai indeed focused on the two perspectives of provocation and fraud.
But.…
In his final statement, Su Bai attributed the fraud to the suggestion made by the original attending physician.
This point is the most important point!
and there was no corresponding mention in the first instance.
If this view is true, then what does Li Dong’s behavior amount to in this case?
Li Dong's behavior is equivalent to being provoked or hinted, which will greatly reduce his subjective willingness to defraud.
Thus achieving the purpose of reducing the penalty.
Su Bai has now stated the relevant litigation application and related content.
Now let’s see how the prosecution responds.
Thinking of this, Wei Guoming, as the presiding judge, sounded the hammer and asked the hospital's lawyer to make a statement.
As a hospital lawyer, Zhou Wei has conducted many lawsuits and has sufficient experience in medical litigation.
He knows very well what is the most important thing in a medical lawsuit.
In a medical lawsuit, the most important thing is that the plaintiff or the appellant has no actual evidence to prove that the hospital was at fault!
This is also the most difficult part of court cases involving hospitals.
evidence!
Without evidence, why would you file a lawsuit?
Just like in this case, Zhou Wei can completely refute Su Bai's accusation with this point.
After sorting out the litigation materials, Zhou Wei was not in a hurry to dismiss Su Bai's lawsuit.
Instead, he asked the presiding judge to ask Lin Wenjie a few questions.
After getting the consent of the presiding judge, Zhou Wei began to ask:
“I would like to ask Lin Wenjie, the presenter, to make a statement based on the lawyer entrusted by the appellant.”
“As the attending doctor of Li Dong’s wife, you prescribed high-priced medicines and hinted at her to let the appellant secretly engrave the hospital’s official seal.”
“What is attendee Lin Wenjie’s opinion on this matter?”
“Or can you, from your perspective, state the facts in detail?”
After hearing the answer, Lin Wenjie also understood the lawyer's intention.
What would it be like to state the facts from his point of view?
That is, he can make statements from a favorable perspective.
The appellant has hired a lawyer. Can the accusation be admitted?
This kind of thing must not be admitted! However, the fact that Li Dong was asked to buy high-priced drugs was a fact that he could not refute or deny.
But I can’t refute it, I can’t refute it.
The right to interpret lies with him, and he can interpret it in other ways.
After clarifying these ideas, Lin Wenjie answered:
“As for prescribing high-priced drugs, I admit that I have committed the act of prescribing high-priced drugs.”
“But according to my judgment of Li Dong’s wife’s condition at that time, Li Dong’s wife’s condition must be relieved with those high-priced drugs.”
“Those medicines are indeed expensive, but they are effective!”
“It’s completely fine if I prescribe some cheap medicines, or if I don’t prescribe any medicines and just let Li Dong’s wife take those less effective medicines.”
“But that is irresponsible to the patient!”
“As a doctor, can I be irresponsible to my patients?”
“Definitely not!”
“Medicine is expensive, but it works!”
“Also, I hinted to Li Dong to carve a seal to avoid paying the hospital fees.”
“This is a complete slander against me.”
“I am a doctor in the hospital, why should I ask Li Dong to engrave the official seal?”
“What’s in it for me to avoid paying hospital bills?”
“This doesn’t do me any good at all!”
“I can’t remember clearly what happened at that time, because too much time passed.”
“But I can remember the general meaning of what I said.”
“The general meaning is that if there is really no other way, you can switch to other drugs or think of other ways.”
“What’s the hint in these words?”
“I hinted to Li Dong to engrave the official seal. This is completely Li Dong’s slander against me. There is no such thing at all!”
Lin Wenjie openly denied that he had done this and tried his best to distance himself from the relationship.
After Lin Wenjie answered this question, Zhou Wei, as the hospital's lawyer, made a supplementary statement.
“Presiding Judge.”
“Lin Wenjie, who was present just now, has stated in detail his views on the prosecution entrusted by the lawyer entrusted by the appellant.”
“It is indeed an objective fact that high-priced drugs are recommended.”
“But the statement made by the lawyer appointed by the appellant Li Dong is different from the statement made by Lin Wenjie.”
“Of course, this is very normal...”
“Perhaps from Li Dong’s point of view, Lin Wenjie recommended him to buy high-priced drugs to defraud him of medical expenses.”
“But from Lin Wenjie’s perspective, he wanted to better treat his patients.”
“From this point of view, neither party is at fault, so Li Dong’s behavior cannot be blamed on Lin Wenjie.”
“There is no criminal legal causal relationship between the two.”
“Another point is that Lin Wenjie only recommended Li Dong to buy medicines, but did not force Li Dong to buy medicines.”
“The appellant is asked to entrust a lawyer to figure this out.”
“Another point is that the appellant entrusted a lawyer to state that it was Lin Wenjie, an attendee of our hospital, who suggested that Li Dong engrave the seal privately.”
“I think the lawyer entrusted by the appellant, as a well-known lawyer, can understand clearly.”
“That means everything must be based on evidence!”
“Lin Wenjie hinted to Li Dong to engrave a seal privately to avoid paying the hospital’s medical expenses.”
“Is there any evidence to prove this?”
“Where is the main evidence?”
“The main evidence lies in Li Dong’s confession, which has no objective factual basis.”
“From this point of view, without objective and direct factual evidence, Li Dong is very likely to slander him in order to evade his legal responsibility.”
"Or!"
“In some respects, it was Li Dong himself who misunderstood what Lin Wenjie meant and embarked on criminal behavior.”
“In this case, no one else should be involved.”
“Presiding judge, the above is our view on what the lawyer entrusted by the appellant stated.”
“We believe that all actions must be based on practical evidence.”
“Don’t make statements in court without objective factual evidence.”
“Our statement is complete!”
In the last paragraph, Zhou Wei’s statement is very obvious.
He went straight to Su Bai.
It is telling Su Bai that if there is no evidence, then do not state it, and the court will not accept it if you state it.
Let’s not talk about anything else for now…
The hospital is the most difficult place to obtain evidence.
Why do you say that?
Because medical malpractice occurs and high-priced drugs are recommended, you cannot judge the doctor's subjectivity from this point of view.
Or.…
You don’t know whether the other person did it intentionally or unintentionally.
As stated by Lin Wenjie.
He recommended the high-priced medicine out of kindness, but he didn't expect that Li Dong would think so of him.
But actually?
Actually, why did Lin Wenjie do this?
In fact, Lin Wenjie’s purpose in doing this was to get kickbacks, and these excuses were just to cover up his behavior!
Zhou Wei knew this very well, but for the sake of the hospital's reputation and fig leaf.
During the trial, he could only focus on downplaying this point.
Zhou Wei set his sights on the appellant seat, as medical litigation is what he is best at.
If the other party cannot produce actual evidence.
So, this court hearing can only exempt one person from criminal responsibility for provoking trouble.
As for the rest...don’t think about it too much.
the other side.
After Su Bai noticed Zhou Wei's gaze, his expression was calm and he didn't express much.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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