1. Plaintiff's statement
On October 13, 2021, Liu went to the defendant's hospital for a gastroscopy because he felt unfit to swallow food, and the defendant's medical staff asked Liu to come back the next day for further diagnosis. On the morning of October 14, 2022, after Liu walked to the hospital, he went through the hospitalization procedures at the request of the hospital, and then began to do the enhanced CT examination at about half past ten.
After the doctor injected the iohexol liquid into Liu's blood vessels, he immediately had a serious abnormal reaction, with symptoms of palpitation, sweating, vomiting, and body pain. At the angry urging of plaintiff Liu Mougang, the doctor at the scene sought help from the emergency department.
It took three or four minutes for the emergency doctor to rush to the CT room and give Liu an injection. Later, at Liu's strong request, the doctor pushed Liu into the rescue room for rescue, but it was too late, and soon the doctor informed the plaintiff that Liu was no longer breathing, and about half an hour later, the doctor declared Liu dead after the rescue was ineffective.
2. Patient's point of view
The defendant was obviously at fault in the process of treating Liu, and the defendant should bear the liability for compensation. Therefore, a lawsuit was filed against the defendant to compensate the plaintiff 554,598.02 yuan.
3. The defendant Municipal People's Hospital argued
1. There is no objection to the facts stated by the plaintiff, but the case has already been evaluated, and the appraisal conclusion shall prevail;
2. There is no objection to the calculation of death compensation, funeral expenses, and appraisal fees, and the defendant believes that the autopsy fee and the autopsy transportation and cleaning fee are both autopsy fees, and the autopsy transportation and cleaning fees are included in the autopsy fee. Mortuary expenses are included in the funeral expenses. There is no objection to the cost of treatment. If the amount of spiritual solatium is too high, the amount shall be determined by the court at its discretion. In addition, the defendant shall bear 50 per cent of all costs.
4. The defendant insurance company argued
1. The defendant Municipal People's Hospital has medical liability insurance, and the insurance period is from August 22, 2021 to August 21, 2022, and the liability limit for each patient is 400,000 yuan per accident.
2. The plaintiff's claims for damages are to be determined by the court in accordance with law.
5. Autopsy results
Liu died of anaphylactic shock.
6. Appraisal results
A city people's hospital was at fault in the diagnosis and treatment of the person being evaluated, Liu; The magnitude of the cause force should be the same reason. The plaintiff paid an appraisal fee of 18,000 yuan.
7. Economic losses
1. Death compensation of 769674 yuan (38483.7 yuan/year×20 years); funeral expenses 38,130.5 yuan (76,261 yuan/year÷2); The medical expenses were 4,095.77 yuan, the total of the above losses was 811,900.27 yuan, the defendant city people's hospital bore 50% of the 405,950.14 yuan, and the plaintiff's claim for mental injury solatium was set at 30,000 yuan at the discretion of this court, and the total of the above expenses was 435,950.14 yuan;
2. The defendant insurance company shall compensate the plaintiff for 400,000 yuan in accordance with the contract, and the part exceeding the liability limit of 35,950.14 yuan shall be borne by the defendant city people's hospital. The autopsy appraisal fee was 19,500 yuan and the medical fault appraisal fee was 18,000 yuan, totaling 37,500 yuan, and the defendant city people's hospital should bear 50% of the 18,750 yuan, which did not exceed the cumulative liability limit of 100,000 yuan for legal expenses agreed in the insurance contract, so the defendant insurance company should pay compensation.
3. With regard to the mortuary fee of 6,800 yuan requested by the plaintiff, the plaintiff provided an electronic invoice issued by Funeral X to the plaintiff in a certain city, which showed that the name of the project was funeral service fee, which was not clearly the mortuary fee during the appraisal period, so the fee should be included in the funeral expenses, and this court did not support the plaintiff's request for the mortuary fee of 6,800 yuan. As for the plaintiff's request for 2,300 yuan for autopsy transportation and cleaning fees, this court does not support it if it does not provide sufficient evidence to prove it.
8. The Court Held
It was determined that the defendant should bear 50% of the responsibility. Because the medical fault occurred during the insurance period, the defendant city people's hospital should compensate the plaintiff for reasonable expenses, and according to the insurance contract, the defendant insurance company should first settle the claim, and the defendant city people's hospital should compensate for the part exceeding the liability limit.
9. Verdict
On March 7, 2023, it was decided that the doctor should bear 50% of the liability and pay 435,950.14 yuan in compensation (400,000 yuan in compensation to the plaintiff in the defendant's insurance company; 35,950.14 yuan in compensation to the plaintiff in the defendant's municipal people's hospital).
【Judicial Adjudication Cases】