The patient because the hospital uses medicine no as and causes the kidney to decline Seriously ill death after 10 years

The patient because the hospital uses medicine no as and causes the kidney to decline Seriously ill death after 10 years
The patient because the hospital uses medicine no as and causes the kidney to decline Seriously ill death after 10 years
Nanjing citizen pieces of some suffer from diarrhoea, go some the intersection of third grade and first rate hospital treatment before 13 year, because the hospital uses medicine no as to cause the renal function to be depleted, form disability of moderate breeze. Later, some of one told that advocated the deformity damages to the court of drum block of Nanjing, supported by the court. Unfortunately, hereafter some conditions of one not only failed to turn back but also worsened and passed away after 10 years. Its relative thinks, it is fault of those years of the hospital that has caused some death consequences of one, so tell again that demands to pay the death damages to the court of drum block. Recently, the court of drum block adjudiacates to this case in the first instance, the plaintiff obtains more than 245,000 yuan of compensation, among them the damages of 198,600 yuan die. The reporter knows, the patient is after obtaining the deformity damages, relatives advocate the death damages and win a lawsuit finally, this is really rare in trial. Manage, suffer from diarrhoea, cause depleted will it be December 8 1998 such as renal function, because 57 -year-old De Zhang suffer from diarrhoea, get Nanjing some the intersection of third grade and first rate hospital, go to a doctor. In the course of treating, the hospital uses parenteral solution of gentamicin according to Zhang De's condition, material make trouble unexpectedly, lead to the fact pieces of Germany depleted renal function have, have a narrow escape. After Zhang De leaves hospital, applies for the malpractice to appraise, but go through setbacks two times, the district, one liang of malpractices appraisal organization assert Zhang De's case is not the malpractice. In April of 2001, Zhang De had not tried the due carefulness, paid attention to the obligation, violated technological operation regulation and medicine using priciple with the hospital, it cause oneself injure for from,in drum litigate, be maintained whether defendant be compensated to hospital by fee, life subsidy,etc. expenseses relevants wounded or disableds medical block court. In the case is tried, the court accepts Zhang De's application, trust Ministry of Justice judicial expertise centre to appraise Zhang De's case, the qualification opinion that must happen finally is: The doctor uses antibiotic to treat the using priciple according with antibiotic too, there is no mistake of sense of principle in selecting the kind, dosage and administration route of the medicine for use. But consider Zhang De suffers from the medical history of hypertension originally, and already suffered from diarrhoea for 4 days since having illness coming on this time, has had possibility that a potential renal function has damaged already, so the hospital and uses in the course before using gentamicin, should determine the situation of its renal function, but the hospital neglects in this respect, so should assert that still there is a weak point here through managing the hospital. After the judicial expertise result comes out, Zhang De applies to do the wounded or disabled grade to appraise in the authoritative department again, the conclusion asserts Zhang De's renal function damages and forms disability of moderate breeze. According to determine the opinion while being above-mentioned, on December 15, 2003, the court according to the fact found out, and consulted the above-mentioned expert's conclusion, adjudiacate to the case in the first instance, defendant's hospital of the judgement bears 80% of the responsibility for Zhang De's damage consequence, compensate for expenses of 78,000 yuan such as medical fee, wounded or disabled life allowance,etc., among them the allowance of wounded or disabled life is 51,200 yuan. Continue treating the fee, according to 1600 yuan standard of every month, are submitted an expense account to the defendant hospital month by month according to the medical document by Zhang De. After the pronouncement of the first instance, the defendant hospital refused to obey and put forward appeal, tried through the discretion of intermediate court of Nanjing hereafter, reject the appeal, uphold decision in judgement. Relatives claim indemnities until March of 2008 after patient's death, Zhang DeWei is in hospital, but until the intersection of defendant and the intersection of hospital and clinic monitor renal function, the intersection of clinic and until " the chronic renal function is depleted " doctor It is therapeutic to offer to the ill. Will it be will it be night January 9 2009, condition of De Zhang present, worsen suddenly, family being worried to give, treat and cure by another the intersection of the first, second and third and hospital, but because all rescue measures proved ineffectual for end, in next day death. The death reason stated in the medical testimonial of the death clearly is: Cerebral hemorrhage, uremia, 3 grades of essential hypertension. Shortly after finishing dealing with Zhang De's funeral affairs, Zhang De's wife Wang Fang, son Zhang Kai will inform originally that goes to the court of drum block for the hospital of the first, second and third of Zhang De's treatment, ask court's judgement defendant to add up to 80% in 406,200 yuan compensating medical fee, funeral expenses, death damages,etc.. The plaintiff still maintains separately spirit damages and conciliates 40,000 yuan of gold. The reason why family sue is, Zhang De's death and the defendant's previous fault behavior have causality. On November 10, the court of drum block is examined the bright fact by the previous front yard, make the pronouncement of the first instance to this case. Court think, come into force before this result that judgement document confirm show, defendant hospital should decline etc. and damage the consequence and bear 80% of the compensation responsibility to pieces of the intersection of Der and chronic kidney. The comprehensive details of the case, the court confirms defendant hospital should bear the compensation responsibility for damaging 56% of consequence of the overall death of a Germany, convert it, namely bear 70% of the responsibility more within the range of 80%. According to assert combine data that calculate in accordance with the law, according to general rule of the civil law and relevant judicial explanation while being above-mentioned court, hospital, defendant of judgement, compensate pieces of every loss, relative of Germany, for, add up to 245,300, die damages 198,600 yuan among them. The defendant hospital refuses to obey and puts forward appeal after the pronouncement of the first instance, this case is entering the second instance procedure (the party is an assumed name in the article) at present . The intersection of reporter and Li Miao Yang celebrate the intersection of staff reporter and statement, judge of ShuangJiang, Luo by oneself: Have legal causality pay for why first instance take, judge in this way this case? The intersection of extension and value of judgement its and where? Have cleared up member of a nationality of this drum of blocks court presiding judge's yellow Deqing of front yard bright. Huang DeQing says: Civil compensation takes filling in losses as the principle. The victim disables due to wound, the income of the life drawing period having the right to obtain compensation caused by disability is lost, namely deformity damages. The victim after obtaining damages of this deformity, if die because of disabling the disease development of the fact the samely and aggravating, the two have legal causality, compensating obligees has the right to obtain the death damages of the legal provision. Yellow Deqing presiding judge also says: The judgement of this case is worth extending and consulting, one party of the party is damaged by life, after obtaining the deformity damages, because the same kind of damages or diseases cause death again, so long as possess legal causality between the two, its relative can be and then sued. (Li Miao Yang celebrate the river by oneself)


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