Patient's dead hospital is claimed 830 000 Whether it is the malpractice that causes the dispute

Patient's dead hospital is claimed 830,000 Whether it is the malpractice that causes the dispute
Patient's dead hospital is claimed 830,000 Whether it is the malpractice that causes the dispute
Medical verification it claims to be malpractice, but medico-legal expertise say, make a diagnosis, have defect and deficiency, the patient family members and hospital hold a expert's conclusion respectively, debate endlessly in the court. This morning, the court of Fengtai district tries patient Cao Wen (assumed name) Death is a case, Cao Wen family members claim 830,000 yuan from hospital. Cao Wen family members hold a expert's conclusion that big court scientific technical appraisement research institute of France provides, stating one hospital clearly has defect and deficiency in the course of making a diagnosis to Cao Wen, and have some function in its consequence of death, consider participating in degree as D grade. Cao Wen family members think, the hospital should bear 70% of the compensation responsibility in view of the above. Claim will it be will it be morning August 25 2007, because 49 -year-old Cao Wen presents the dizzy, sick symptom that vomits according to gentle relative Cao, sent to some hospital emergency ward and rescue by 120 ambulances. Hospital know perfectly well gentle situation Cao critical, make the heart attend to and treat and cure only. Through checking, Cao Wen's heart has no question, the back hospital suspects Cao Wen's brain is problematic, until August 27, 2007, just check to diagnose, by diagnosing as the cerebellum blocks up for Cao Wen again, change over to the department of nerve internal medicine and treat and cure. Delay, rescue time, Wen Cao by sober to change over to and goes into a coma already, on August 30, 2007, because Cao Wen's end died after all rescue measures proved ineffectual. Cao Wen family members think, hospital to critical patient, should rescue immediately, but hospital this do, check and diagnose, take the intersection of treatment and cure and measure effectively any within two days, have delayed the best time to treat and cure, and cause Cao Wen death finally. So the hospital should compensate for 70% of the losses, it is more than 650,000 yuan altogether, and compensate for the spiritual financial loss of nearly 180,000 yuan. Say hospital side,behind Wen Cao is admitted to hospital,institute last CCU ward their soon, can't and step down, be if you can't expand, preceded it after diagnosis and last measure blood circulation promoting silt,etc.. Will it be August 27 2007, article Cao have a liking for the state of going to bed, the head image learns to check and reveal: The left cerebellum is acute to block up in the cooking stove. The hospital lowers cranium pressing, anticoagulatory, blood circulation promoting silt,etc. and treats the measure to it. The hospital side thinks, according to the qualification of the medical association of Fengtai district, the hospital makes a diagnosis the behavior accords with the medical norm, there is no unlawful practice in the course to make a diagnosis and give treatment. Cao Wen's death is resulted from its development of one's own illness, it is not the making a diagnosis due to behavioral fault of the hospital. The judge inquires the hospital side: "Cao Wen, at the condition when admitted to hospital on August 25, it is possible to rescue and survive? " The hospital side says: "It was unable to judge, Cao's model without inner high pressure of cranium of symptom at that time behaved at that time, even done the operation for Cao, there are certain death dangers. " It is that key Chief Judge of the victory or defeat says to analyze medico-legal expertise in this case, in this case, the dispute focuses of both sides are whether opinion books of medico-legal expertise can be regarded as the basis of making a verdict. In the court's trial is argued, patient relatives insist, the qualification of the judicial appraisal organization has legislative authority, according to the expert's conclusion, the hospital has fault. But the intersection of hospital and side approve medical verification of medical association, refute medico-legal expertise according to insufficient. Say from property, medico-legal expertise is the judicial expertise, and medical verification is that the administration of the Ministry of Health appraises. From determining the range is said, medical verification is laid particular emphasis on it belongs to the malpractice then deny, and the grade of the malpractice; And medico-legal expertise only determines whether there is fault in the medical behavior, exist and damage the result, whether have causality between fault and result. So, the key to this table victory or defeat, it is the same as the medico-legal expertise to deny on the view institute. (reporter Yang Changping)


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