Brief Introduction

The Labor, Medical Care and Social Security Department is one of the traditional legal business departments of Zhongji Law Firm. The service team is composed of experts and senior professional lawyers in the labor law and medical law field with rich practical experience and a profound theoretical foundation. The team's key lawyers have rich experience in the field of labor and medical law, and the department head also serves as the deputy director of the Medical Health and Epidemic Prevention Legal Business Research Committee of YN Lawyers Association.

Lawyers in the service team have a full grasp of the history, relevant policies, laws and regulations of the labor law and social insurance law, and have a strong theoretical basis and rich practical experience in handling labor legal disputes such as enterprise personnel, wages, insurance, welfare, as well as the establishment and operation of medical institutions, prevention of medical legal risks, and settlement of medical disputes.

The service team has represented thousands of legal cases concerning labor, medical care and social security. We also established a labor and human resources management system for hundreds of consulting firms, handled daily labor legal affairs, customized internal labor and personnel management rules and regulations, performance appraisal systems for our clients, and continuation of labor relations in the fields of enterprise restructuring, mergers and acquisitions, liquidation and bankruptcy. We have successfully provided our clients with professional legal services.

Scope of Services

1.Legal Services for Human Resources Management

(1) Guidance on the review and signing of labor contracts between employers and individuals;

(2) Improvement of the personnel management system of the employer (including but not limited to the formulation, review, and modification of the employee manual, plans, rules and regulations concerning the protection of trade secrets and competition restrictions);

(3) Formulate and implement the labor relationship adjustment plan in case of enterprise merger, division, dissolution and bankruptcy.

2.Legal Services for Social Insurance-related Events

(1) Provide the treatment plan for employee death and injury on business, and the treatment plan for disease, non-work related injury, non-work related death and other events;

(2) Cooperate to design and implement enterprise annuity plans.

3.Labor Arbitration & Litigation

Accept the entrustment and represent clients for arbitration and litigation.

4. Legal Services for Medical Institutions

(1) Assist in reviewing contracts and agreements;

(2) Participate in the negotiation of major projects (issues);

(3) Provide legal advice and legal publicity;

(4) Participate in the discussion and mediation of medical disputes in medical institutions;

(5) Issue lawyer's letters according to the needs of medical institutions;

(6) According to the needs of medical institutions, provide training and publicity on legal knowledge and medical dispute cases to medical personnel, improve their legal concept and standardize their medical behaviors;

(7) Assist Party A in revising relevant hospital systems and medical documents at the legal level;

(8) Conduct legal analysis and issue legal opinions on matters related to the operation and management of medical institutions;

(9) Participate in litigation and arbitration cases on behalf of medical institutions;

5.Legal Services for Patients

(1) Provide basic legal advice for patients;

(2) Acting on behalf of the patient to make preliminary preparations such as copying and sealing medical records, and guiding the patient to collect and save relevant evidence;

(3) Drafting relevant legal documents for the patient;

(4) Acting on behalf of the patient to negotiate with the medical institution and strive for the legitimate rights and interests of the patient;

(5) Acting on behalf of the patient to apply for and participate in the technical appraisal or judicial appraisal of medical accidents;

(6) Represent the patient in litigation, appeal and participate in litigation;

(7) Acting on behalf of the patient to apply for compulsory execution.

Representative Cases

1.Cause of Action: disputes over liability for medical damages

(1) Liu sued a hospital in Kunming

Basic information: In 2015, the plaintiff was admitted to the defendant's hospital for treatment because of "contact vaginal bleeding for more than one month, and cervical cancer was diagnosed for one day", and was diagnosed as a cervical malignant tumor after admission. From 2015 to 2016, the plaintiff was hospitalized at the defendant's place for a total of 10 times and 114 days. At the time of discharge, the diagnosis was: 1. Cervical squamous cell carcinoma after radiotherapy; 2. Radiation proctitis; 3. Moderate anemia, etc. The plaintiff believed that the diagnosis and treatment provided by the defendant were wrong, and brought a lawsuit to the People's Court, demanding that the defendant bear full responsibility for the deterioration of the plaintiff's physical condition. Later, the People's Court entrusted a judicial appraisal institution to appraise whether the diagnosis and treatment provided by the defendant were wrong. The judicial appraisal institution issued the Appraisal Opinion, and believed that the defendant had made mistakes in the diagnosis and treatment provided to the plaintiff, specifically as follows: (I) The medical record writing was not standardized; (II) Informed consent notification service was poor; (III) The defendant's diagnosis and treatment activities were not careful enough, and the relevant medical personnel failed to fully perform their duties. In combination with the plaintiff's own physical quality and severity of illness, the defendant's fault participation in the plaintiff was assessed as 30%.

Process of handling: After accepting the defendant's entrustment, our lawyers immediately studied in detail the nearly 1000 pages of medical records generated during the plaintiff's hospitalization. After research, we found that the misconduct stated in the Appraisal Opinion was quite different from the contents of the medical records. First, several professional medical terms were wrongly recorded. Secondly, there are violations in the appraisal procedure, and the disciplines of experts involved in the appraisal are not the disciplines involved in the plaintiff's illness. Last, some appraisal conclusions are contrary to the current medical norms. Our lawyer immediately applied to the People's Court for the expert witness to appear in court for questioning. In the court trial, combining the medical records and medical norms, we explained to the People's Court in detail the reasons for the lack of professionalism and objectivity of the Appraisal Opinion and the illegal appraisal procedure. Then, the People's Court adopted the legal opinion of our lawyers, and decided that the defendant should bear 10% of the compensation liability to the plaintiff, which became the judgment that the proportion of liability in the medical disputes was lower than that given by the appraisal opinion.

(2) A hospital in Kunming sued Yuan and Yang

Basic information: In 2018, the patient Yang went to the emergency department of a hospital in Kunming for treatment due to chest pain for one hour. Considering "myocardial infarction", he was transferred to a hospital in Yiliang County for rescue and was diagnosed with an acute coronary syndrome. Later, because of "chest pain for 6 hours", he was admitted to the appellant with acute coronary syndrome, and was diagnosed with "acute myocardial infarction, advanced atrioventricular block, cardiogenic shock" by ECG and other examinations, so he did not undergo emergency PCI immediately. Later, the patient died. The autopsy confirmed that the cause of death was acute myocardial infarction and intracranial hemorrhage resulting in acute respiratory and circulatory failure. The appellee believed that the appellant had made mistakes in the diagnosis and treatment provided for the patient, and brought a lawsuit to the People's Court. The People's Court entrusted a judicial appraisal institution to appraise whether the diagnosis and treatment provided by the appellant were wrong. The judicial appraisal institution issued the Appraisal Opinion, believing that the appellant had made mistakes in the diagnosis and treatment provided for the patient, specifically: there was no record of a head injury after seeing the doctor in the emergency department and admission, the brain injury was not diagnosed in time, and the fault participation of the appellant was identified as a secondary factor. The court of the first instance decided that the appellant should bear 40% of the responsibility, and the appellant appealed against it.

Process of handling: After accepting the entrustment of the appellant in the second instance, our lawyers immediately studied the files of the first instance, and found that, except that the appellant stated that the patient had fallen down before chest pain in the first instance trial, in the medical records saved by several medical institutions, none of them mentioned to the medical institutions the situation of the patient's face or head injury caused by the fall. Combined with the autopsy report and the appellant's medical record, it was confirmed that the patient had no skin trauma or nervous system injury symptoms visible to the naked eye when he was admitted to the hospital. At the opening of the second instance, our lawyers explained the above views to the People's Court in detail with the autopsy report, combined with the fact that the patient's heart disease was very critical when he came to the appellant for rescue, with the indications of anticoagulation treatment and surgery, timely consultation and symptomatic treatment after the symptoms of nervous system injury occurred, and advocated that the Appraisal Opinion and the first instance decision unreasonably increased the medical institution's obligation of attention and diagnosis and treatment, and the appellant should not bear 40% of the liability for compensation. Later, our lawyer's claim was accepted by the court of the second instance, which rescinded the judgment of the first instance and changed the judgment to make the appellant bear 20% of the liability for compensation.

(3) He and others sued a hospital in Yuxi City

Basic information: In 2019, the patient Yin was admitted to the defendant's hospital for treatment because of "26 weeks of menopause, vaginal bleeding and 2 hours of lower abdominal pain". The defendant diagnosed that: 1. 26 weeks of GP pregnancy, live fetus, inevitable abortion; 2. Cervical incompetence? 3. Scarred uterus; 4. Syphilis; 5. Senile pregnant ; 6. Hyperlipidemia. However, the defendant did not pay attention to the patient's condition and discharged the patient the next day. Later, the patient went to the defendant again and was admitted to the hospital as "27 weeks of GP pregnancy, fetal death; fever of unknown origin; scarred uterus". The defendant performed "fetal destruction+manual removal of placenta+dilation and curettage+uterine balloon tamponade+vaginal plugging" for the patient, and the patient suffered from bleeding during the operation. Intraoperative diagnosis: 1. postpartum hemorrhage; 2. septicopyemia; 3. septic shock; 4. 27 weeks of G6P2 pregnancy + destruction of 2 weeks stillborn fetus. On the same day, the patient suffered from bleeding again, and the defendant performed a "subtotal hysterectomy". However, the patient's blood pressure was difficult to maintain after the operation, and died, unfortunately. The autopsy confirmed that the cause of death of the patient was placenta implantation and the fetus died in utero. After that, the patient underwent "fetal destruction+manual removal of placenta+dilation and curettage+uterine balloon tamponade+vaginal plugging", "exploratory laparotomy, bilateral ascending uterine arteries ligation+uterine parceled & compression suture" and "subtotal hysterectomy". Hemorrhagic shock resulted from intraoperative and postoperative bleeding.

Process of handling: After accepting the entrustment of the patient's family members, namely the plaintiff, our lawyers carefully studied the medical records and judged that the defendant had serious faults such as insufficient preoperative evaluation, wrong selection of surgical methods, and non-standard operation due to missed diagnosis. After bringing a lawsuit to the People's Court on behalf of the plaintiff, an appraisal institution is entrusted to appraise whether the diagnosis and treatment provided by the defendant are wrong. During the appraisal, our lawyers wrote nearly 10,000 words of opinion statements. The final appraisal institution adopted the lawyer's opinion of our firm, and determined that the diagnosis and treatment provided by the defendant had faults such as missed diagnosis, insufficient evaluation, and non-standard operation, which had a causal relationship with the death of the patient, and the fault participation was 60%. At the hearing, our lawyers, in combination with the conclusions of the Appraisal Opinion and by actively enumerating the medical records and medical norms, claimed that the defendant had other faults than those identified by the appraisal institution. The final claim was adopted by the People's Court, which increased the defendant's share of responsibility on the basis of the proportion of responsibility given in the Appraisal Opinion. Later, both the plaintiff and defendant obeyed the judgment and did not appeal.

2.Cause of action: labor dispute

(1) Bayer, a world-famous pharmaceutical company, announced its overall acquisition of Dihon Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Dihon Pharmaceutical") in 2015. Soon after Bayer acquired Dihon Pharmaceutical, a social insurance dispute broke out between Dihon Pharmaceutical and 1900 employees. After taking over the case, our lawyers investigated the situation of employees, communicated with the client and relevant departments many times, and with solid legal skills, developed a social insurance dispute resolution of 1900 employees for Bayer in just one month, and pointed out the problems of discontinuous employment of employees, exceeding the time limit for arbitration, changing the subject of employment by internal transfer, and long litigation cycle, forcing the 1900 employees to give up some of their claims, and ultimately all 100% of the employees reached a settlement with Dihon Pharmaceutical. It is the largest successful case of a one-time settlement of labor disputes in Yunnan Province and even the country.

(2) The lawyer of our firm, on behalf of Yunnan Jinyuan Real Estate Co., Ltd., handled its labor dispute case with Tao. The case involved more than RMB 10 million, which is the largest labor dispute case involving the subject matter in Yunnan Province by far. After accepting the entrustment, our lawyers organized a team to collect more than 1500 pages of evidence, held court sessions in different places several times, used skilled professional knowledge and flexible trial response, and successfully reduced the compensation amount from more than RMB 10 million to tens of thousands in three years, minimized the compensation amount of the employer, and safeguarded the rights and interests of the employer to the greatest extent.

(3) Entrusted by the Logistics Service Group of Yunnan University, we provided labor employment compliance suggestions for its nearly 2000 employees. Through in-depth analysis of the client's employment model, our lawyers accurately sorted out their labor employment relationship, and under the legal premise, formulated the best and lowest economic cost personnel relationship continuation and resettlement plan, which comprehensively clarified the labor employment issues left over from history for the client.

(4) Our lawyer accepted the entrustment of Yunnan Haolong Industrial Group, Kunming Catering Co., Ltd., and other companies to sort out and review the labor relations documents between the client and more than 1000 employees; design the employee placement plan based on the investigated labor relations; issue the employee resettlement plan to the client, and propose solutions to the problems found in the process of employee resettlement according to the client's requirements; based on the client's requirements and actual conditions, we communicated, held meetings and negotiated with the employees, and successfully assisted the client in completing the employee placement.

(5) Our lawyers represented a company in Beijing in handling a labor dispute case with He and Li. When there was adverse evidence against the employer in the relevant case, we reformulated the litigation strategy and reorganized evidence for the employer. Through a marvellous court plea, we successfully overturned the adverse effects of the previous case, finally achieved the "0" compensation goal for the employer, and won the client's high praise and full affirmation of the lawyer's professional ability.