[Facts ascertained]
On January 5, 2023, plaintiff Xing Mouhu was sent to Defendant H Hospital for inpatient treatment due to abdominal injuries, and his injuries were not alleviated after treatment. On January 10, 2023, Xing Mouhu was discharged from Hospital H and transferred to L City People's Hospital for examination and treatment on the same day. Xing Mouhu was admitted to Hospital F in Province S for treatment on January 11, 2023, and was discharged from the hospital after improvement.
[Plaintiff's Statement]
On January 5, 2023, the plaintiff suffered abdominal injuries at work and was hospitalized by the defendant, and was diagnosed with abdominal crush injury, hemoperitoneum, and soft tissue injury to the abdominal wall. During the hospitalization, the defendant failed to make a clear diagnosis of the plaintiff's injuries, and after the plaintiff's injuries worsened, the plaintiff was discharged from the hospital on January 10, and was transferred to the People's Hospital of L City for examination on the same day, and was recommended to be transferred to a higher-level hospital for surgical treatment.
The plaintiff was hospitalized at Hospital F in Province S on January 11, 2023, and on the same day, an abdominal exploration revealed a transection of the small intestine, rupture of the surrounding mesentery, and edema of the intestinal wall. The plaintiff's abdominal injuries were finally diagnosed as small bowel rupture, diffuse peritonitis, mesenteric rupture injury, and closed abdominal injury.
[Plaintiff's opinion]
In order to protect his rights and interests, he filed a lawsuit. The defendant was requested to compensate the plaintiff for various economic losses totaling 221,945.57 yuan, including lost work expenses, nursing expenses, hospital meal subsidies, and disability compensation.
[Defendant H Hospital argues]
For the reasonable and legal losses of the plaintiff, we shall bear 50% of the proportion.
【Appraisal Results】
1. There was medical negligence in the diagnosis and treatment of Xing Mouhu in H Hospital of G County, and there was a certain causal relationship between the doctor's fault and Xing Mouhu's damage consequences, and the causal force was the same;
2. Plaintiff Xing Mouhu, male, born on October 19, 1996, partial resection of the small intestine constitutes a Grade 9 disability;
3. Xing Mouhu, the missed work period was assessed as 90 days, the nursing period was assessed as 60 days, and the nutrition period was assessed as 120 days.
4. Xing Mouhu spent 23,950 yuan in appraisal fees.
[The court held that]
1. In this case, the causal force of the medical fault of Hospital H was equal. Therefore, Hospital H should bear the corresponding liability for Xing Mouhu's damages. According to Appendix AA.1 of the Guidelines for Determining the Causal Relationship between Personal Injury and Disease, and in accordance with the fact that the causal force of the doctor's fault and Xing Mouhu's damage was the same as that of Xing Mouhu's injury as specified in the appraisal opinion, it was appropriate for the court to determine that the defendant Hospital H should bear 50% of the compensation liability.
2. Plaintiff Xing Mouhu's hospitalization has been confirmed by hospitalization medical records, and this hospital has determined it in accordance with law. Plaintiff Xing Mouhu's disability level, period of lost work, period of nursing, and period of nutrition have been determined in a judicial appraisal opinion, and this court has adopted the appraisal opinion in accordance with law.
3. The plaintiff's claim that the calculation standards for hospital meal allowance, nutrition expenses, lost work expenses, nursing expenses, disability compensation, and living expenses for dependents do not violate the provisions of the law, and this court supports them in accordance with law, and the living expenses of the dependents are included in the disability compensation in accordance with law. Plaintiff Xing Mouhu's claim for solatium for moral damages and transportation expenses is too high, and this court has the discretion to determine.
4. To sum up, plaintiff Xing Mouhu's loss items and losses are: hospital meal subsidy of 1,860 yuan, nutrition fee of 3,600 yuan, lost work fee of 100.81 yuan/day×90 days=9,072.9 yuan, nursing fee of 100.81 yuan/day× 60 days = 6,048.6 yuan;
Disability compensation 196,200 + 85,665 = 281865 yuan, transportation expenses are 1,800 yuan, and appraisal fees are 23,950 yuan, totaling 328,196.5 yuan. The solatium for moral injury is set at 10,000 yuan. Defendant Hospital H should bear 174,098.25 yuan (328,196.5*50%+10,000).
【Verdict】
On November 17, 2023, it was decided that the defendant G County H Hospital should bear 50% of the liability and compensate the plaintiff Xing Mouhu 174,098.25 yuan.
[Excerpt from judicial adjudication cases]