The postoperative patient dies Its relative goes to court and claims 560 000

The postoperative patient dies Its relative goes to court and claims 560,000
The postoperative patient dies Its relative goes to court and claims 560,000
The hospital is retreated the ancient bronze mirror because the image materials offered are not complete; The court judges that forms the court of district of Zhongshan of the first class first rate malpractice to adjudiacate the hospital compensates for 430,000 yuan in the first instance, the hospital does not agree with the judgement and put forward appeal Reporter quiet river Citizens Mr. Sun (assumed name)s Carry on the intersection of meninx and tumour excise skill in some hospital, die while being postoperative. Two relatives of Mr. Sun's think there is great fault in the medical behavior in the hospital, lodge a complaint against one hospital and ask for compensating. At the time of the court's trial, defendant hospital applies for the medical association of Dalian and appraises the malpractice, but because the hospital fails to offer two key CT ones to cause the medical association of the city to return the ancient bronze mirror. In view of the above, the court of district of Zhongshan asserts in accordance with the law defendant hospital leads to the fact patient's death is a first class first rate accident, in mid-June of this year, the court adjudiacates the plaintiff wins a lawsuit in the first instance. Patient's death, the relative goes to court and claims 560,000 In October of 2006, Sun almost sixty years old was diagnosed as meninx tumour by one hospital. Will it be October 30 the same year, hospital excise skill to the intersection of and the intersection of implementation and the intersection of meninx and tumour Sun, operation last expire hour by 15.5 of Damien. At 20 past 14 on November 4 of the same year, Sun's consciousness disappeared suddenly, did not have any response to stimulating. At 5 o'clock on the same day afternoon, the hospital makes CT to check for Sun, prove the little cerebral hemorrhage in the cranium, at 19 o'clock on the same day, the hospital implemented hematoma to remove the skill for Mr. Sun. It is postoperative for hematoma to drive out, Sun is in a coma, to patient's death on December 1 of the same year. Mr. Sun is in hospital for 52 days together, besides medical insurance, Sun pays the medical fee of more than 119,000 yuan for itself. Afterwards, two relative of Sun lodge a complaint against one hospital, claim medical fee, death damages,etc. and spirit damage conciliate King, it is more than 560,000 yuan altogether. The image materials are not complete, the medical association of the city returns the ancient bronze mirror At court, plaintiff propose patient when the condition was critical on November 4, 2006, doctor, hospital of defendant, perform duty of treating and curing in time, distributed the unexpected change of the condition now at 20 past 14 on the same day, did not carry on the operation to 19 o'clock on the same day late, refuse to pay attention to the condition change. A large number of bleeding of hematoma position causes the patient's life physical sign to be seriously affected, and in the whole treatment, patients have been further infected with. Former patient is normal in the operation, the sign that the patient infects the lung of the same day finished in operation, this kind of infection has not got the control effectively in the subsequent treatment, and the infection of the bacillus of green suppuration has appeared, the defendant go on relevantly, check, but not gone on treating correspondingly, has not gone on and treated correspondingly according to the quick experiment of medicine of the inspection by oneself, the defendant's medical behavior has great fault, cause patient death finally. Defendant hospital explains, the defendant hospital has clear diagnosis to the patient, operation indication is clear, the operation method is apt. The hospital has submitted the complete case history to court, has proved the defendant has fulfilled the serious, prudent, correct, prompt obligation in the course of making a diagnosis and giving treatment, there is not any fault or mistake. The patient is diagnosed as the left bridge cerebellum angle meninx tumour, the operation has a big risk, amalgamate disease more, make in detail explaining and proving relative sign, confirm he undertake, should perform the operation risk to the intersection of patient and relative already in front of the operation. Patient's end has amalgamated disease death because of the operation, This is the result of development of disease. According to " medical crash handling regulations ", doctors and patients both parties can't confirm the cause of the death or object to cause of the death, should examine the corpse after patient's death in 48 hours, possess the corpse and examine and freeze and store the condition and can be lengthened until the 7th. Refuse, delay, exceed time table, influence, judge to cause of the death, undertake responsibility by the party refusing or delaying. This case Central Plains inform, object to patient's cause of the death, should go on the corpse examine within legal time, but the plaintiff refuses the corpse to examine, propose the objection after the patient cremates, is deemed the plaintiff approves to death reasons of the dead that the defendant makes, the patient dies of the postoperative complication. Some hospital apply, make the malpractice to appraise to court by the intersection of Dalian and the intersection of city and medical association. Will it be March 2008, court trust Dalian the intersection of city and the intersection of medical association and the intersection of malpractice and the intersection of technical appraisement and the intersection of job and office to form the malpractice to appraise to the intersection of defendant and medical behavior of hospital. In November of 2009, the medical association of the city will return the ancient bronze mirror, the reason is that the image at time when the patient offering in the defendant hospital is in hospital will be studied in the materials, lacked the patient slice of head CT of the 3rd, the 4th of November, 2006, the plaintiff thought the most important head image materials were lacked, disagree with and appraise with the existing materials. On April 15 this year, defendant hospital claims to the court, the slice of head CT of the 3rd, the 4th of November, 2006 of two patient Zhang lacked has been found, having provided slice of two CTs for court, but the plaintiff thinks, slice of these two CTs that the defendant offered, after two years, unable to confirm true and false and revise, disagree with, regard this as, determine materials use. Court: The defendant forms the first class first rate malpractice court to think, in the course of appraising through trying, the defendant fails to offer all images of a patient when being in hospital to study the materials, cause this case not to possess and appraise the condition, it is unable to appraise. Patient's death in this case, according to the hierarchical standard of the malpractice, lead to the fact patient's death is the first class first rate malpractice, so, this case should be according to the medical crash handling of first class first grade. A few days ago, court, district of Zhongshan, adjudiacate in the first instance defendant compensate plaintiff for the intersection of death and damages, funeral expenses, accompany and attend to the fee, it is more than 380,000 yuan altogether in accordance with the law, compensate the plaintiff for spirit and conciliate 58908 yuan of gold, it is more than 430,000 yuan altogether. Defendant hospital refuses to obey adjudiacating in the first instance, put forward appeal.


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