【Affected Party's Statement】
The plaintiff Huang Moudi gave birth to a baby girl at home at 21:10 on May 22, 2022, and the baby girl was too underweight, so she and her mother went to the defendant X County People's Hospital for examination and treatment at 23:10 on the same day. Admission diagnosis was: low birth weight infants (1499-2499 g); Small for gestational age. The baby girl died four days later.
The diagnosis of death records states: 1, neonatal sepsis2, neonatal septic shock3, neonatal coagulation abnormalities4, low birth weight infants5, small-for-gestational age (homogeneous type)6, neonatal respiratory failure7, neonatal circulatory failure8, neonatal hyponatremia9, neonatal jaundice10, congenital heart disease11, intracranial hemorrhage12, genetic metabolic diseases.
【Patient's point of view】
The doctor's fault in the diagnosis and treatment of the female infant is mainly manifested in:
1. The medical history is not detailed enough, and the duty of care is not fulfilled.
2. The doctor did not consider the diagnosis of the disease enough, did not have the examination in place, did not fulfill the duty of care for the examination, and was at fault.
3. The doctor did not comprehensively analyze the patient's examination results, resulting in missed diagnosis, untimely treatment, missed treatment period, and fault.
[Defendant X County People's Hospital replied]
1. The plaintiff's daughter died of heart failure due to congenital heart disease (atrial septal defect, ventricular septal defect), and the respondent was not at fault. In this case, the Respondent had tried her best to treat the patient, the Plaintiff's daughter, but unfortunately, since the Plaintiff's daughter died of heart failure due to congenital heart disease (atrial septal defect, ventricular septal defect), the cause of the death was caused by her own disease, and the Respondent was not at fault.
2. The death of the plaintiff's infant was caused by the plaintiff's failure as a parent to perform a prenatal examination such as fetal cardiac ultrasound examination, and there was no causal relationship with the respondent. In this case, the plaintiff, as a parent, did not undergo the prescribed prenatal examinations during pregnancy, such as fetal heart ultrasound examination. As the Plaintiff had never undergone a fetal cardiac ultrasound, the Respondent had no way of knowing the heart condition of the Plaintiff's baby at the time of admission.
3. The plaintiff's claim that the funeral expenses of 75,935 yuan cannot be established and should be dismissed. As mentioned earlier, the death of the plaintiff's infant was caused by congenital heart disease (atrial septal defect, ventricular septal defect), which was innate and had no causal relationship with the respondent. Therefore, the Respondent was not liable for the death of the plaintiff's infant.
4. The slight fault appraisal opinion made by the X judicial appraisal institution cannot be established, according to the knowledge on page 16 of the appraisal report, even if there is no medical fault problem, the consequences of damage will occur, because the patient has congenital severe heart disease, ventricular septal muscle defect, left and right atria communication.
The disease is congenital, and even if rescued, it can have the consequences of death, because the child cannot recover from congenital heart disease by surgery. Therefore, the medical fault of X People's Hospital does not exist, and its identification as a minor fault is improper.
5. The losses claimed by the plaintiff cannot be established, among which, the cost of refrigeration of the body has been included in the funeral expenses, and can no longer be claimed separately; Since the moral damage payment is the adverse result of the child's own illness, there is no basis for his request for moral damages; For other expenses, request the court to approve according to law.
【Autopsy results】
The identified person Huang Moudi's infant was congenital heart disease (atrial septal defect, ventricular septal defect) and died of heart failure.
【Appraisal opinion】
The degree of participation in diagnosis and treatment fault in X County People's Hospital is recommended to be 10%. Huang Moudi and Huang Moulong paid an appraisal fee of 17,310 yuan.
【Medical Fault Analysis】
1. The medical prescription made the following mistakes in the diagnosis and treatment of Huang's baby: 1. The medical prescription failed to fulfill the obligation to inform; 2. The medical prescription violates the routine and norms of diagnosis and treatment and fails to fulfill the duty of care.
2. On the basis of severe congenital heart disease, lung infection and neonatal sepsis, the child suffers from respiratory failure, resulting in the consequences of death from respiratory failure.
【Court Decision】
On May 24, 2023, the defendant was sentenced to bear 10% of the liability and pay compensation of $124,441.50.