[Plaintiff's Statement]
On November 1, 2021, the plaintiff was admitted to a defendant's health center due to an accidental fall at work. After the plaintiff was admitted to the hospital, the relevant examinations were completed, and the diagnosis was: "Fracture of the upper femur on the right side; right lesser trochanteric fracture; Skin laceration of the right eyelid", open reduction plate internal fixation of the right upper femur fracture under general anesthesia on November 2, 2021 during hospitalization.
On November 17, 2021, the plaintiff was discharged from a health center. After the plaintiff was discharged from the hospital, he was still in unbearable pain, and first went to an orthopedic hospital for an examination, and the CT film showed that the titanium wire tied to the fracture was broken, and the upper connection reinforcement crossbar used at the fracture was suspected to be loose.
In April 2022, the plaintiff was in severe pain, first returned to the defendant for a follow-up examination, and then went to a municipal people's hospital to take an X-ray for a three-dimensional reconstruction diagnosis, and was told that the upper reinforcement rod may be suspected to be loose or the lower end of the screw is loose, and the bone crack has not healed, and it is recommended to undergo surgery again. The plaintiff informed the defendant of the results of the filming, and repeatedly went to the defendant to ask the defendant to provide a treatment plan, but the defendant refused to give treatment.
On July 4, 2022, he went to a city people's hospital and was diagnosed as: "1. Femur fracture is not connected; 2. Delayed healing of fractures (right femur); 3. After fracture surgery; 4. Scarring; 5. Take out the fracture internal fixation device". On July 6, 2022, a municipal people's hospital underwent scar excision, internal fixation removal, iliac bone grafting, INTERTAN internal fixation, and lumboepidural combination surgery under anesthesia. The plaintiff recovered well after surgery and the pain disappeared.
[Plaintiff's opinion]
During the period of the plaintiff's hospitalization, the defendant health center was obviously at fault for the plaintiff's medical acts, and should bear the corresponding compensation. Litigation request: Order the defendant to compensate the plaintiff for various losses totaling 816978 yuan in accordance with the law.
[Defendant health center argues]
The facts stated by the plaintiff are true, and the defendant agrees to actively compensate according to the appraisal results, and we provide an invoice for the appraisal fee of 9,800 yuan and 2,000 yuan and the litigation fee of 2,150 yuan for the plaintiff, which should be deducted from the plaintiff's claim.
【Appraisal Results】
1. Plaintiff Jiang Moukai, male, born on March 6, 1969, his injuries did not reach the prescribed degree of disability and could not constitute disability.
2. Jiang Moukai's injury assessment missed work period of 365 days, the nursing period was 180 days, and the nutrition period was 90 days.
3. There was a causal relationship between the fault of a town health center in the process of diagnosis and treatment of the appraised person Jiang Moukai, and there was a causal relationship between the fault and the damage consequences of the appraised person's right proximal femur fracture, such as non-union fracture reoperation and prolongation of the course of the disease, and the causal force was suggested to be the main reason.
【Disability Assessment】
2. The appraised person Jiang Moukai was injured on November 1, 2021 and suffered a fracture of the upper part of the right femur, and on November 2, 2021, the fracture was incisional reduction and plate internal fixation, and the X-ray examination during the operation showed that the femoral tuberosity fracture was well reduced, the fracture end could be reduced, and the fracture alignment was good.
On July 6, 2022, due to discontinuous femur fracture, he underwent surgery again in a municipal people's hospital, during which the granulation tissue at the fracture end was scraped off, and the X-ray examination of the fracture was good. There was no obvious bone defect in the two surgical records, and the imaging examination showed that the fracture end was well aligned.
3. On June 19, 2023, full-length CT scan of both lower limbs showed that after internal fixation of the proximal fracture of the right femur, the alignment was acceptable. The distance from the center point of the femoral head to the nadir of the medial femoral condyle was measured: 414.01 mm on the left side and 404.15 mm on the right side;
The distance from the upper edge of the medial tibial condyle to the tip of the medial malleolus is measured: the left and right sides are equal in length, and the difference in length between the two lower limbs is 0.986cm, less than 2cm, and the injury does not reach the degree of disability specified in the "Classification of Disability Degree of Human Injury", and does not constitute a disability.
4. The missed period for the surgical treatment of femoral fracture is 90-300 days, and the missed period is assessed to be 365 days in combination with the clinical treatment of Jiang Moukai's fracture.
【Verdict】
On November 30, 2023, it was decided that the defendant a town health center in a district should bear 80% of the responsibility and compensate the plaintiff Jiang Moukai for various economic losses totaling 141,646.38 yuan.
[Excerpt from judicial adjudication cases]