[Plaintiff's Statement]
At 6:12 on June 13, 2020, the mother Fang X was admitted to the defendant's obstetrics and gynecology department to wait for labor, and was admitted to the hospital with a diagnosis: premature rupture of membranes, 39+5 weeks of pregnancy, etc., according to the medical records, oxytocin was induced at 9:45, and labor was induced until 16:15 in the afternoon, and then oxytocin was continued to be induced at 17:15 again, but there was no progress in labor, and cephalopelvic disproportion and intrauterine distress were diagnosed, and cesarean section was performed from 21:25 to 23:26.
During the operation, it was found that the uterus rotated, the amniotic fluid was polluted in the third degree, the child was born at 21:30, the score was only 1 point, and the diagnosis: severe neonatal asphyxia, severe acidosis, although the rescue was carried out, but due to the suffocation time was too long, the damage was too serious, and the rescue was ineffective at 13:50 on June 14, and the cause of death was severe neonatal asphyxia.
At the same time, during the cesarean section, it was found that the left side of the lower uterine segment of the mother was torn down about 3cm, and the bleeding was severe, and she was transferred to Hunan Provincial Hospital of Traditional Chinese Medicine on June 15, and then B ultrasound detection found that the left ureter was dilated, left hydronephrosis, and there was a discharge in the birth canal, considering the formation of a fistula, bilateral ureteral and cystoscopy was performed on June 28, and it was found that the left ureter was damaged and interrupted, and the necrotic tissue was filled;
He underwent left percutaneous nephrostomy, left nephrostomy tube replacement on August 8, and was discharged from the hospital on October 14 after his condition was stable, and was readmitted to the hospital for further treatment on November 9, and laparoscopic left ureteral bladder reimplantation + left D-J tube implantation + birth canal repair was performed on November 13, and he was discharged on December 5 after 26 days of hospitalization.
[Plaintiff's opinion]
1. The defendant was seriously negligent in the process of diagnosis and treatment, violating contraindications and using oxytocin to induce labor for the mother, causing delayed labor and fetal intrauterine distress, but the defendant did not operate in time, the child was deprived of oxygen in the uterus for too long, and died of severe suffocation after birth;
2. Improper induction of oxytocin also caused excessive uterine contractions, intraoperative lacerations, and improper sutures in the process of suturing the uterus, resulting in ureteral damage and hydronephrosis, and had to undergo multiple surgeries and suffered abnormal pain.
3. Due to the defendant's negligent medical behavior, which caused one death and one injury to the child and the mother, the litigation request: order the defendant to pay compensation of 975138 yuan for the death of the newborn; The defendant was ordered to pay 668856 compensation for maternal disability. The plaintiff reserves the right to sue for follow-up treatment and disability assistive devices.
[Defendant X TCM Hospital argues]
1. The appraisal opinion recommendation is not determined to be the main reason. The people's court is requested to comprehensively determine the degree of fault liability and the proportion of civil compensation for our court on the basis of the circumstances ascertained at trial. At the same time, the cesarean section of the appraised person Fang X itself must have caused a man-made uterine laceration, so the injury of Fang's uterine laceration should not be assessed as a fault in this case.
2. On July 30, 2020, in the process of resolving the doctor-patient dispute in this case, the two parties signed an agreement to pay 50,000 yuan in advance by the hospital, and according to the agreement, this amount should be deducted from the total compensation. During Fang's hospitalization, the hospital paid a total of 203,817.58 yuan for his medical expenses, which were also deducted from the total compensation according to the proportion of Fang's responsibility.
【Appraisal Results】
1. The defendant's fault in the diagnosis and treatment of the plaintiff Fang X (female, born on June 3, 1991) and the causal force of the appraised person, Fang X's lower uterine laceration, ureteral injury, and neonatal death damage are the main reasons.
2. Disability: ureteral injury is grade 8; Grade 10 injury to the birth canal; Lower uterine laceration is grade ten. It should be noted that the cesarean section of the lower uterus of the appraised person itself caused artificial uterine rupture, and its outcome also met the 10-level category stipulated in the above standards.
3. Fang's injuries were assessed as the period of missed work, nursing period, and nutrition period as being discharged from the hospital from June 13, 2020 to December 5, 2020, and the recommended number of nurses during the period was 1.
[The court held that]
The plaintiff and the defendant are liable for 80%:80% of the fact that the doctor caused the plaintiff's death and disability, and the defendant bears 80% of the economic loss caused by the death of the newborn, that is, 741,945.36 yuan, and the defendant shall compensate the two plaintiffs for the total loss of 691,945.36 yuan after deducting the 50,000 yuan paid in advance. The defendant bears 80% of the economic losses caused by Fang's injury, that is, 417,888.32 yuan.
【Verdict】
On December 31, 2021, it was decided that the defendant X County Traditional Chinese Medicine Hospital should pay 691,945.36 yuan for the death of a newborn, and the defendant X County Traditional Chinese Medicine Hospital should pay 418,005.28 yuan for maternal disability, totaling 1,109,950.63 yuan.
[Excerpt from judicial adjudication cases]