A medical dispute case analysis -- does not constitute a medical patients still won by

Medical malpractice litigation agent analysis of typical successful case 1

Classics appraisal does not constitute a medical patients still win win compensation

(author: He Rongyou, phone 84957299, mailboxRyh9@sina.com,Reprint this article please indicate the source)

Medical record review: September 15, 2002 patients with adhesive intestinal obstruction in a Huairou area hospital in the emergency observation room, invalid conservative treatment, hospitalization for two intestinal resection and anastomosis operation. The first postoperative ileus failed to ease, 10 days after the operation again, intestinal fistula complicated with shock occurred on the second day, after transferred to Xuanwu hospital surgical ICU treatment, discharged in stable condition, there are still intestinal fistula, abdominal daily fecal liquid abdominal fistula outlet. Patients with intestinal fistula and other diseases that cause is the result of operation failed Huairou district hospital, and the hospital that intestinal disorder is secondary to postoperative complications, resulting in medical disputes between doctors and patients. The patient was put forward for the medical accident identification, the identification result does not belong to medical accidents. Both sides reach an agreement after consultation, the hospital to the patient economic compensation funds 35000 yuan, the requirement of patients recognized the medical dispute is ended, the agreement with Party in the future may not matter to sue or additional compensation, the patient Home Furnishing rural, the economic situation is very difficult, authentication conclusion bad for patients, they think they can get 35000 element has not been easy, also on the signing of the agreement. December 23, 2003 Peking University Hospital for closing fistula cured. In this case the litigation agency of our, in the district court case, the us a series of hard work, the court eventually wins the case, Huairou district hospital to increase compensation 180000 yuan. Patients finally obtained the reasonable economic compensation totaling 215000 yuan.

Case analysis: in 2003 June 13 the process of medicine Huairou district will not constitute medical malpractice identification. See below:

The case by our agent, after careful scrutiny of medical records, find out the key fault diagnosis routine violation. We found that: [1] two pathological reports: "for resection of intestinal bowel serosa, rough, mucosa with hemorrhage, with inflammatory cells infiltration." That cut off without necrosis or suspected bowel necrosis. [2] Huairou hospital operation records and operation in Peking University Hospital see inconsistent,Records Huairou hospital second times operation records: "closed ileocecal, proximal ileum and distal end to side anastomosis" Peking University Hospital and operation record is: "intestinal fistula distal see intestinal anastomosis at," Confirm the ileocecal Peking University Hospital during normal, no the ileocecal valve is closed, no ileum and cecum anastomosis anastomosis.

During the Huairou district court trial, patients adhere to the application proxyJudicial identification of medical fault identification, the results are as follows:

The trial court cross examination, the medical fault identification of judicial appraisal opinions. In the court presided over the mediation, the defendant Huairou district hospital for patient fees totaling 215000 yuan (pre has paid 35000 yuan, 18+3.5=21.5).

Case study analysis:

1, the application of the law

The hospital insists the court in accordance with the "Regulations on handling medical accidents", based on the case of medical accident identification results, do not assume liability to pay compensation. Because"Regulations on handling medical accidents"The provisions of article forty-ninth,Does not belong to medical accident, medical institutions shall not bear the liability of compensation. However, "general principles of civil law"The provisions of article 106th,Citizens, legal persons because of their fault encroach upon state or collective property, infringement of property, the person should bear civil liability. The National People's Congress promulgated the "general rules of the civil law" order (legal status) is higher than that of the State Council formulated and implemented the "Regulations on handling medical accidents", so, when the two produce contradictory situation, should apply the law "general principles of civil law".

2, medical problems

Medical dispute involves not only legal issues, the more important or medical expertise and experience, such as the case of hospitalized patients with thousands of pages of information, to find out the hospital in the thick of the cases in the diagnosis of fault, if the lack of professional knowledge and experience is very difficult. In this case the query records two times operation, resection of intestine that postoperative pathology through inspection, twoThe pathological report reads: "for bowel serosa, rough, mucosa with hemorrhage, with inflammatory cells infiltration." No necrosis or suspicious confirmed intestinal necrosis!Adhesion can be originally release obstruction intestine formation hole and corner, and the hospital did intestinal resection and anastomosis, cause too much damage to the patient's normal tissue and organ.Beijing City Health Bureau "surgery" the routine85Page: "small confined tight adhesion clusters of intestinal loop can not be separated, or bowel has necrosis of intestinal resection and anastomosis, feasible," clearly, the violation of the routine treatment. So, the plaintiff is the key to the formation of fault, in this case the pattern is expected.

3, the medical accident identification problems (see Part 2)