1. The patient's complaint
On April 15, 2020, patient Sheng (male, 17 years old) was sent to Hospital X for treatment due to his injuries, and was given infusion and other treatments after being admitted to Hospital X, but the rescue measures were not active. In the case of a family member requesting a transfer, Hospital X delayed the transfer. After a delay of several hours of precious time, Hospital X transferred the patient to the Provincial People's Hospital, but Hospital X had insufficient plasma reserves, resulting in the use of plasma in the middle of the transfer, and the patient could not receive effective treatment and died.
2. Patient's point of view
The defendant should be liable for compensation for the patient's delay in treatment, which caused the patient's injuries to be denied active and effective treatment and eventually died. Claim: X Hospital compensates the plaintiff 588,186.2 yuan.
3. Defendant X Hospital argued
Patient Sheng died as a result of serious personal injury suffered by others, and his death was not caused by treatment at Hospital X, and Hospital X was not a direct infringer, but only a medical unit that treated indirectly, and his losses should be borne by the direct infringer. The appraisal conclusions issued by the appraisal institutions are highly subjective and do not cite objective basis;
The report itself held that the causal force assessment was a theoretical discussion and had no scientific basis, so the appraisal report could not be used as the basis for the judgment. In addition, the third-party tort damages and medical damages cannot be claimed repeatedly, and the compensation standard should be applied to the relevant standards of Province X (750,800 yuan for death compensation and 39,518.5 yuan for funeral expenses), and the court is requested to deal with it in accordance with the law.
4. Autopsy results
The deceased Sheng died of hemorrhagic shock caused by a single-edged stabbing instrument that pierced the chest cavity and caused rupture of the right lung, diaphragm and liver.
5. Appraisal opinions
The degree of fault in the diagnosis and treatment of the hospital is between the secondary and the same causes; 2. The diagnosis and treatment behavior of the Provincial People's Hospital basically conforms to the norms, and there is no obvious fault.
6. Medical fault analysis
1. Hospital X did not pay enough attention to the patient's stab injury, did not predict the serious prognosis, did not take into account the possibility of the patient's internal organ injury in time, lacked timeliness and accuracy in the main diagnosis in the treatment process, and did not fully study and judge the necessity of timely life-saving surgery and the possibility of inviting experts to perform when its own conditions were limited. According to the on-site investigation, the relevant chief experts of thoracic surgery and general surgery did not arrive at the scene in time to guide and perform surgery in time to explore the wound and stop bleeding.
2. The patient was a knife stab wound, a right hemopneumothorax, low blood pressure and pulse oxygen, and the prediction of possible risks during the transport process was still insufficient in X Hospital, and there was still a lack of blood transfusion to increase blood pressure and correct hypoxia.
3. The writing of outpatient medical records in hospital X is not standardized, such as the consultation of thoracic surgery, general surgery and other departments after admission, but there is no detailed record of the consultation time in the outpatient medical record.
4. The negligence of diagnosis and treatment in Hospital X delayed the timely rescue of patients to a certain extent. At the same time, the root cause of the patient's death was stab wound, and the injury was severe, multi-organ injury, hemorrhagic shock, and it was difficult to treat due to the local medical level.
5. The patient was transferred to the Provincial People's Hospital due to "knife stab wound for 4 hours", and when he was admitted, the patient was in a deep coma, blood pressure and pulse oxygen could not be measured, heart sounds and breath sounds were not heard, the pulse of the aorta was not touched, there was no spontaneous breathing, spontaneous heart rhythm, double pupils were dilated, and the light reflex disappeared.
VII. Trial Opinions
With regard to the issue of the proportion of liability of medical institutions, it should be comprehensively considered in combination with factors such as the degree of responsibility of the medical institution's medical negligence in the damage result, the relationship between the damage result and the patient's original physical condition, and the medical risk status. The defendant argued that the patient died as a result of a third party's tort, and that he should not be liable for compensation.
In this regard, the court held that, from the perspective of tort, this case was a personal injury compensation case caused by "multiple causes and one effect". The third person's intentional injury caused the patient's right lung, diaphragm, and liver to rupture, but if he received timely and effective treatment, he could also survive.
Taking into account factors such as the degree of fault of Hospital X, the patient's own injuries and the progress of the disease, this hospital decided that Hospital X should bear 45% of the compensation liability for the damage caused by the patient. The plaintiff's losses should be determined to be a total of 796,976.99 yuan, and the defendant X hospital should bear 45% of the compensation liability, i.e., 358,639.65 yuan. This court decided that the solatium for mental injury was 36,000 yuan, so X Hospital should compensate the plaintiff a total of 394,639.65 yuan.
8. Court decision
On October 28, 2020, the judgment was rendered that the defendant X County People's Hospital should bear 45% of the liability and compensate the plaintiff 394,639.65 yuan.
【Judicial Adjudication Cases】