Is the school responsible for the choking death of a 10-year-old student

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 Is the school responsible for the choking death of a 10-year-old student


The Red Star News reporter learned from a family member of Shi that they had reported the case to the police. After the police intervened, they initially ruled out the possibility of criminal cases. The family members believed that the school did not take emergency measures, missed the rescue opportunity and was responsible for the death of Shi.

Family members: the school has no school doctors or first aid measures

On May 16, the second father (second uncle) of Shi XX told the Red Star News reporter that after checking and monitoring, it was found that Shi XX was having breakfast in the canteen at about 7:00 a.m. on August 8, and the students who had eaten well were lining up beside her. Then she took a piece of steamed bun and walked into the team, while putting it into her mouth. At this time, the students went to the classroom under the guidance of the teacher. Because the stairwell of the classroom was not monitored, he saw only a male teacher holding his teacher out of the school gate, and finally took a taxi to send the child to the hospital.

According to the death certificate issued by the medical department of Yanan peoples Hospital, Shi died on May 8 due to respiratory and cardiac arrest and died outside the hospital. Shis second father also said that the child had died on the way. The doctor took a piece of steamed bun out of the childs throat during the rescue, and it was invalid after half an hours rescue. He told our family that he could not come back.

u25b3 the cause of death of Shi XX was respiratory cardiac arrest, and he died outside the hospital

Later, the family reported the case to the local police station, saying that there was no school doctor for rescue, no first-aid measures, or even no call 120, but the teacher took them to the hospital and missed the rescue opportunity. The family said, the child was choking. If the rescue was timely, it would not happen.

According to Shis uncle, Shi is 10 years old. His school is a boarding school. Usually, his children only go home on weekends. They are at school from Monday to Friday. Sending their children to boarding school is to hope that the school can protect their children. But now this happens. In the future, which parents dare to give their children to the school safely, does the school have no responsibility?

u25b3 steamed buns taken from the throat of a teacher

Before they received the notice, the school would offer 100000 yuan as a consolation fee, according to Shis uncle. Apart from taking money, they dont talk about the responsibility. Is it a matter of money balance? We hope that the school can apologize to our family members, and the Education Bureau will punish the school and give justice to the children.

On the evening of May 16, nanmou, principal of Xinxin Bilingual Primary School in Baota District, Yanan City, told Red Star news that the local police station was investigating the whole process of the incident, and had not received the relevant notice of the investigation results, so it was inconvenient to reply. The police also talked to the relevant teachers, and the school also went to the police station to communicate three times. At present, we are willing to offer 300000 yuan as the consolation fee to the family members. As for whether the school is responsible, Nans claim is to be determined by the judicial organ.

The reporter called Liucheng police station on this matter, but no reply was received.

Is the school responsible? Lawyers say so

Jiang Luxian, a lawyer from Chengdu taihetai law firm, said that because the case still needs to be investigated and issued by the police, there is no direct confirmation that the school must be at fault. If the school didnt give the teacher enough time to eat at that time, so that the teacher choked on the food, and didnt fulfill the timely and reasonable obligation of assistance after the teacher choked, then according to Article 39 of the tort liability law of the peoples Republic of China, the person with limited capacity for civil conduct will be subject to If the school or any other educational institution fails to perform its educational or administrative duties in respect of personal injury, it shall bear the responsibility. Schools should bear corresponding responsibilities according to their faults. Family members can consult with the school or bring a lawsuit to the court if they want to be held responsible.

Li Guobei, a lawyer from Beijing bieyi law firm, also said that according to the general principles of civil law, minors under the age of 8 are persons without capacity for civil conduct. In this case, Shi XX is 10 years old and under the age of 18, so he is a person with limited capacity for civil conduct. Educational institutions such as schools shall be responsible for the management of the personal safety of persons with limited capacity for civil conduct in schools.

At present, according to the scale of the school, if the school is not equipped with a school doctor, or if the secondary school doctor in case of an emergency fails to guide the treatment in time, there is a problem. Of course, we cant rule out suffocation caused by pure accidents. Li Guobei said.

Yang enxiong, a lawyer, believes that the key to this incident is whether the school has fulfilled its management responsibilities and whether it is at fault for the death of students. There is no fault between the teacher and the school for students choking, which is an accident. However, after students choking, if the school does not take appropriate first aid measures immediately and there is a certain fault, they should bear part of the responsibility.

What is appropriate first aid measures? Yang enxiong said that whether the school has a school doctor and whether the school doctor timely rescues the teacher is the key to judge whether the school has taken appropriate first aid measures immediately.

The reporter asked the school if there was a school doctor and if he had first aid to the teacher, but he didnt get a reply. However, Article 20 of Chapter III of the regulations on School Health issued and implemented by the former State Education Commission and the Ministry of health on June 4, 1990 makes it clear that urban general primary and secondary schools, rural Central Primary Schools and general secondary schools have health rooms, which are equipped with full-time health technical personnel in the proportion of 600 to 1 students. The official account of primary school WeChat in Yanan Xinxin Bilingual Primary School shows that the full-time private primary school has more than 800 students and over 60 staff.

It is understood that there have been such incidents in schools before. Luo Jin, an 8-year-old girl from Hunan Province, choked at school and died after being rescued, but there was no school doctor at her school, Southern Metropolis Daily reported in 2001. Doctors at the time said that if there were a school doctor to do some emergency treatment, the situation might be very different. When the reporter asked why the school president did not have a school doctor, the other side said that the funding problem.

In response, lawyer Jiang said that in order to reduce the occurrence of such incidents, every school should be equipped with school doctors. In addition, the school can strengthen the education of students safety awareness, such as safety education class, marking precautions in canteen and other occasions.

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