Medical dispute: operation informed wrong, patient first class disabled medical side to compensate more than 1.2 million yuan

2022-04-20 0 By

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The patient states that after the Spring Festival of 2019, the plaintiff was admitted to the defendant’s office for treatment on March 21, 2019 due to symptoms of palpitation, and was diagnosed as arrhythmia and atrial fibrillation.From being admitted to the hospital to the operation on March 26, the defendant only carried out basic examinations such as routine urine and stool examination and blood pressure measurement on the plaintiff, but did not carry out other relevant examinations.On the morning of March 25, the defendant informed the plaintiff to perform “radiofrequency ablation surgery” the next day.When the plaintiff’s family signed the consent form for the operation, they said it was a routine operation and there was no need to worry about it, without giving much explanation.The operation began from 10 a.m. to about 2 p.m., when the defendant suddenly said the plaintiff had stopped breathing for more than half an hour.The plaintiff argued that it was a medical malpractice, but the defendant refused to seal the medical records and refused to cooperate with the competent authorities.At present, the plaintiff is completely paralyzed, unable to move his limbs and unable to take care of himself. On February 6, 2020, the defendant forced the plaintiff to leave the hospital under the pretext of the epidemic situation.1. Both parties have commissioned a third party to appraise the plaintiff’s damage consequences, the defendant’s fault and his participation in the causal relationship during the litigation, and the defendant has no objection to the appraise result.2. Considering that the defendant is a social public welfare organization and cannot overinflate the defendant’s liability for compensation, the final amount of compensation obtained by the plaintiff should be determined based on the plaintiff’s losses and the defendant’s fault participation rate, which the agent believes should not be higher than 50%.1. The People’s Hospital of X City has made mistakes in the medical behavior of the patient Zhang Yimin, and the participation rate is suggested to be 50%-60%;2, the disability grade of zhang Mou min is the level of disability caused by human body injury;3, Zhang Mou min’s delayed construction period, nursing period from the day of injury to the day before disability assessment, nutrition period of 180 days;4. Zhang’s nursing dependence degree belongs to complete nursing dependence;5. The follow-up treatment fee of Zhang Min is suggested to be based on the actual reasonable cost.Plaintiff Zhang Mou min pays appraisal cost 14000 yuan, plaintiff also produced from this also transportation cost, accommodation cost.1. Medical expenses: 425,028.79 Yuan (410,534.52 yuan + 14,494.27 Yuan);2. Salary loss of 79437.72 Yuan (618 days ×128.54 yuan);3. Hospital food expense: 16,100 yuan (322 days ×50 yuan/day);4. Care fee:According to the appraisal, the plaintiff’s nursing period is 618 days from the date of injury to the day before disability assessment (March 26, 2019 to December 3, 2020), so the pre-disability nursing fee is 113,963.72 Yuan (618 days ×135.54 yuan/day +30200 Yuan). The court determines that the plaintiff’s post-disability nursing period is 10 years.This part of the nursing fee is 494,721 yuan (10 years ×365 days/year ×135.54 yuan/day);5. Nutrition fee: 5400 Yuan (180 days ×30 yuan/day);6. Disability compensation RMB 750,800 (20 years × 37,540 yuan/year);7. Disability assistive devices cost 931 yuan;8. Daily necessities: RMB 4741.67 (urinal pads, nursing pads, diapers, etc.);9. Transportation and accommodation expenses: Due to the treatment and appraisal, the plaintiff and his accompanying personnel actually incurred transportation and accommodation expenses, combined with the relevant transportation and accommodation bills raised by the plaintiff to the hospital, the hospital approved the expenses as 5039.39 YUAN;10. Emotional compensation: 60,000 Yuan;11. Appraisal fee: 14,000 Yuan;12, the dependant Zhang Mouping living expenses 18182.5 yuan (14546 yuan ×5 years ÷4);The total amount is 1988345.79 yuan, and the defendant compensates (1988345.79-60000) ×60%+60000 yuan =1217007.4 yuan.Where the defendant takes out medical liability insurance with the third party, the third party shall compensate the plaintiff for the loss of 300,000 yuan within the insurance limit.The People’s Hospital of X City shall also compensate the plaintiff for the loss of 908,607.4 yuan (1217007.4-300000-8400).The court considers that: in this case, the defendant did not provide relevant medical conditions and alternative treatment plans, did not fully inform the patient’s family of the risks of surgery before surgery, did not exclude the possibility that intravenous midazolam was injected too quickly during the operation, and the rescue process was not complete and the medical records were not rigorous.According to the actual situation of the case, considering the plaintiff’s damage consequence and the factors such as the operation indication and the objective risk of the operation, and referring to the opinion of judicial appraisal, the court decides that the defendant shall bear 60% of the compensation liability proportion.On December 30, 2000, the court ordered the third party X Insurance Company to compensate the plaintiff Zhang Mou min for the loss of 300,000 YUAN.The defendant x City People’s Hospital compensated the plaintiff Zhang Mou for the loss of 908,607.4 yuan.Judicial adjudication cases.# Tianjin Headlines ## Medical dispute ## Lawyer #