[Plaintiff's Statement]
On June 15, 2022, Zhou went to a hospital for recurrent low back pain, numbness in both lower limbs, and obvious claudication, and an MRI examination in a hospital showed that lumbar 4-5 intervertebral disc degeneration with herniation, secondary spinal stenosis, and Zhou was admitted to the hospital. On June 17, 2022, a hospital performed endotracheal intubation, general anesthesia + local infiltration anesthesia, and after descending through the intervertebral foramina, lumbar L4/5 intervertebral discectomy, enlarged decompression, intervertebral bone graft fusion, pedicle screw fixation, + intraoperative nerve electrophysiological monitoring.
On the fourth day after surgery, Zhou experienced an aggravation of weakness in his lower limbs and informed a hospital, and after repeated urging by Zhou, the relevant doctors of a hospital only scribbled to inform Zhou's family that it might be caused by the recurrence of myelitis, and repeatedly shirked that it was not related to this surgical treatment. Since the operation, Zhou has been unable to walk on the ground, especially the fundamental weakness of his right lower limb, and there has been no sign of improvement.
[Plaintiff's opinion]
Before the operation, a hospital clearly informed Zhou that the symptoms at the time of admission were caused by lumbar intervertebral disc herniation, claiming that the operation did not have any risks and that he could walk completely through surgical treatment. Now that he is unable to walk after surgery and Zhou may be left with a lifelong disability, Zhou cannot accept the status quo at all, and there are too many difficulties in his future life, and the mental pressure can be imagined.
To sum up, because there was a certain fault in the diagnosis and treatment of Zhou's surgical treatment by a hospital, and it directly ignored the fact that Zhou had been hospitalized in a hospital for myelitis many times, and now Zhou will be left with a lifelong disability, and there is a direct causal relationship between the consequences of the damage and the diagnosis and treatment fault of the hospital, therefore, the hospital should bear the corresponding liability for Zhou's various economic losses. The court requested a hospital to compensate Zhou for various economic losses totaling 295,170.09 yuan.
[Defendant hospital argues]
There is no opinion on Zhou's diagnosis and treatment process in a hospital. The cost of the appraisal shall be apportioned according to the proportion of responsibility. Spiritual consolation money is considered only two to three thousand. According to the appraisal report, a hospital is willing to bear the liability for compensation within the range of 15-20%.
【Appraisal Results】
The appraised person, Zhou, female, born in 1959, currently has paraplegia (grade IV muscle strength of both lower limbs), assessed as grade 8 disability; A hospital in a certain province failed to perform a high duty of care in the process of diagnosis and treatment of the appraised person Zhou, and was at fault, and the damage consequences of Zhou's double lower limb paraplegia (muscle strength level 4) were secondary causes.
【Medical Error】
In 2010 and 2011, the appraised person Zhou was hospitalized in a hospital in a certain province for "neuromyelitis optica" twice (case number X), but the medical history collected by the doctor was not comprehensive, and the communication with the patient and his family was not in place, and there were obvious deficiencies. Surgery is performed directly in the hospital, which leads to unsatisfactory postoperative results (the patient's immunity is further reduced after anesthesia, surgery and other traumatic stress reactions, which is also one of the factors for the occurrence of acute myelitis).
It is believed that a hospital in a certain province failed to fulfill its duty of great care and was at fault, and there was a certain causal relationship with the decline in muscle strength of both lower limbs on the fourth day after surgery, and the secondary myelitis. The appraised person Zhou experienced an aggravation of weakness in his lower limbs on the fourth day after surgery, and has not returned to normal for more than 1 year after recovery. At present, the damage consequences of muscle strength decline in both lower limbs are mainly caused by the occurrence, development and natural outcome of myelitis.
[The court held that]
In this case, a hospital failed to fulfill its duty of care, and when Zhou had been hospitalized in a hospital with the same case number, it failed to comprehensively collect Zhou's medical history, failed to communicate with the patient and his family, and directly underwent surgical treatment, which was one of the factors that caused Zhou's acute myelitis;
Comprehensively considering factors such as the degree of responsibility of the hospital's fault in the consequences of medical damages, the medical risks, and Zhou's own disease myelitis, it is appropriate to determine that the hospital should bear 30% of Zhou's compensation liability for various losses.
The plaintiff's total losses were 658,646.73 yuan. According to the above-mentioned liability ratio, the hospital determined that a hospital should bear a loss of 197,594.02 yuan. In view of the fact that Zhou X was disabled at the eighth grade, this court determined that a certain hospital should pay Zhou X a solatium of 4,500 yuan for mental damages.
【Verdict】
On February 1, 2024, it was decided that a hospital compensated Zhou for various economic losses totaling 38,372.19 yuan. 202094.02 yuan.
[Excerpt from judicial adjudication cases]