The autopsy can be entrusted to institutions with forensic pathology appraisal qualifications in other regions, and must be entrusted by the case-handling organ or the parties in accordance with the law; the autopsy of medical disputes must be agreed upon by the next of kin, and it is a key evidence for identifying fault and causality.
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Not conducting an autopsy will increase the difficulty of proving the cause of death, but it doesn't necessarily prevent victims from seeking justice. Victims can claim compensation for procedural damages such as "loss of survival opportunities" based on medical records, emergency rescue records, and forensic medical assessments of medical malpractice.
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There are clear time limits for autopsies: According to the "Regulations on the Handling of Medical Accidents", if there is a dispute over the cause of death, an autopsy should be conducted within 48 hours after death. If the body can be preserved by freezing, the time limit can be extended to 7 days; any delay will affect the determination of the cause of death and the provision of evidence.
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An autopsy must be conducted with the consent of the deceased's close relatives. According to the "Regulations on the Handling of Medical Accidents", if there is a dispute over the cause of death, an autopsy should be conducted within 48 hours after the death, and the storage of the body can be extended to 7 days. The close relatives can make their own decisions, and the medical staff have the obl...
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If there is suspicion that the medical records have been altered, a handwriting appraisal and document appraisal can be applied for. According to the Civil Procedure Law, the parties may consult or the court may appoint an appraiser. If the medical records are illegally altered or supplemented, a negative presumption will be made, and compensation may be claimed based on the judicial appraisal.
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The hospital said that even if the medical records are lost, patients can still protect their rights. According to the "Regulations on the Prevention and Handling of Medical Disputes", the medical side has the obligation to keep the medical records, and the loss of the medical records is presumed to be due to its negligence in custody. Patients can claim compensation based on payment receipts, sur...
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In the event of a medical dispute, both outpatient medical records and inpatient medical records should be sealed: both are objective medical records and constitute the core evidence for determining the medical negligence and causality. Patients and their close relatives have the right to apply for the joint sealing of these records.
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The construction contracts signed by relying on others' qualifications are usually invalid due to violations of the mandatory provisions of the Construction Law. However, when the construction project is accepted, the actual constructor can still claim the project price in accordance with the agreement.
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Whether the buyer can get a refund for the loan paid for the unfinished building depends on whether the sales contract and the loan contract have been legally terminated. After the two contracts are terminated, the buyer can claim a refund for the paid purchase price and the principal and interest of the loan from the developer and the bank respectively.
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The special loan for ensuring on-time delivery of housing projects is a rescue tool rather than a panacea: it is specifically used for the continuation of project construction and dedicated to specific purposes, which can promote the resumption of construction and delivery of some housing projects. However, whether it can rescue the situation depends on the amount of funds, the balance of assets a...
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The developer cannot unilaterally stop the loan for a unfinished property, as the loan contract is subject to relativity. If the developer breaches the contract, the buyer can sue to terminate the sales contract and the loan contract simultaneously, and the remaining loan shall be returned by the developer. Unilaterally stopping the loan will affect the buyer's credit record.
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The illegal renovation on the upper floor has caused cracks in the walls of your own home. You can protect your rights based on the neighborly relationship and the infringement liability: fix the photos of the cracks, record the time of the renovation, and obtain the inspection report. If no agreement can be reached through negotiation, you can sue for repair and compensation after appraisal.
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The neighbor's unauthorized demolition and modification of the load-bearing wall endanger the building's safety. You can ask the property management company to stop it and report it to the competent authorities, and the administrative department will order rectification and impose a fine. If any damage occurs, you can claim neighboring rights and compensation for infringement.
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The statutory minimum warranty period for roof waterproofing and bathrooms, rooms, and external walls with waterproofing requirements is 5 years, for electrical wiring and other components it is 2 years, and for the foundation and main structure it is the design service life, calculated from the date of completion and acceptance.
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If the water leakage from upstairs causes damage to your own property, you can claim compensation from the upstairs owner based on the principle of neighborly relations and tort liability. You need to keep the repair request, on-site photos, loss lists, and appraisal reports. If no agreement can be reached through negotiation, you can file a lawsuit to claim for repair and compensation.
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