[Plaintiff's Statement]
On February 1, 2023, the plaintiff was admitted to the hospital with intestinal obstruction. At 12:19 on February 6, 2023, the defendant underwent intestinal adhesiolysis and small bowel serous repair under general anesthesia without informing the plaintiff of an empty stomach before surgery. Due to the serious infection during the operation, the postoperative shutdown was extubated and transferred to the ICU for rescue. Because the plaintiff's condition was not in remission and further deteriorated, at the strong request of his family, he was transferred to a university for treatment on February 9, 2023, and was discharged on June 16, 2023.
Discharge diagnosis: 1. septic shock, 2. hyperlactic acidemia, 3. bacteremia, 4. severe pneumonia: bacterial + fungal, 5. bilateral pleural effusion, 6. type I respiratory failure (after endotracheal intubation), 7. acute heart failure: sepsis cardiomyopathy, 8. cerebral edema, 9. acute renal insufficiency, 10. hepatic insufficiency, 11. cholestasis, 12. hypohemicemia;
13. Gastrointestinal bleeding; 14. Gastric ulcer; 15. Severe anemia; 16. Thrombocytopenia; 17. Coagulation disorders; 18. Adhesive intestinal obstruction: after release of the small intestinal mucosa; 19. Bilateral calf intermuscular vein thrombosis; 20. Electrolyte metabolism disorders; 21. Intestinal flora dysbiosis; 22. Hyperammonemia; 23. Diabetes mellitus; 24. Subcutaneous hemorrhage;
25. Conjunctivitis of both eyes; 26. Exposure keratitis; 27. Buttocks bedsores; 28. Occipital skin and soft tissue infection; 29. Poor healing of abdominal wounds; 30. Right common femoral vein adrenal thrombosis; 31. Right saphenous vein calf thrombosis; 32. Small intestinal ulcer; 33. Bloodstream infections; 34. Granulation nodules on the right side of the upper trachea.
On June 18, 2023, he was admitted to XX A Hospital for further treatment, and was discharged on July 6, 2023, and was discharged with the following diagnoses: 1. Abdominal skin ulcer with infection, 2. Type 2 diabetes mellitus, 3. After left nephrectomy, 4. Hypertriglyceridemia. During this period of treatment, the plaintiff paid a total of 1,049,763.01 yuan in medical expenses, and the social medical insurance only reimbursed 350,000 yuan.
[Plaintiff's opinion]
Because the defendant's medical negligence caused huge economic losses to the plaintiff, and after mediation by the medical dispute mediation committee of a certain city, the two parties could not reach an agreement, so the plaintiff filed a lawsuit and applied for appraisal. According to the appraisal opinion issued by a realistic judicial appraisal firm, the defendant should bear 95% responsibility for the accident, and the lawsuit requests: requesting that the defendant be ordered to compensate the plaintiff for various economic losses caused by medical negligence totaling 1,101,648.37 yuan.
[Defendant's argument]
The plaintiff was treated at the defendant's place for intestinal obstruction, and was later transferred to a certain university, and then transferred to a certain hospital for treatment and was discharged on July 6, 2023. In view of the lack of reasonableness in the appraisal opinion issued by a truth-seeking judicial appraisal firm, the appraisal agency only determined from the medical records that the defendant was not fully prepared, the handling measures were improper, the postoperative discovery was not timely, and there was a certain fault in the incomplete notification, ignoring the urgency of medical treatment and the unpredictability of medicine.
In terms of participation, in this case, the plaintiff has recovered and has no disability, so it is reasonable for the participation to be in the range of 56%-75%. In this case, the defendant paid 16,000 yuan for the appraisal fee and 1,674 yuan for the appraiser to appear in court, and requested that they be handled together in this case.
【Appraisal Results】
Plaintiff: Li Mouhua, male, born on November 12, 1963. The defendant's medical negligence in the course of the plaintiff's diagnosis and treatment included insufficient preoperative preparation, improper grasp of the timing of the operation, resulting in an increased chance of infection, failure of the defendant to pay attention to the possible adverse consequences of aspiration in the event of reflux, improper handling measures, and untimely detection after surgery, resulting in aggravation of lung infection and incomplete medical notification, which infringed on the patient's right to know.
Considering the particularity, risk, and uncertainty of the medical act, combined with the defendant's above-mentioned wrongful conduct and the patient's own condition, the main reason for the fault is that "the medical negligence is the main cause of the patient's harmful consequences, and the characteristics of the patient's condition, the particularity of his or her own health condition, physical constitution, or limited to the level of medical care at the time and other factors only play a secondary role, and if there is no medical fault, the harmful consequences will generally not occur."
The comprehensive analysis shows that the defendant's medical negligence and the plaintiff's damage consequences (prolongation of the course of the disease) constitute the main causal relationship, and the recommended participation is 56%-95%.
【Verdict】
On March 29, 2024, it was decided that the defendant, a hospital in a city, should bear 85% of the liability and compensate the plaintiff Li Mouhua for a total of 958,598.23 yuan.
[Excerpt from judicial adjudication cases]