Medical dispute: acute cerebral infarction only acupuncture treatment caused a disability, the medical side assume 50% responsibility

2022-06-16 0 By

The plaintiff Qiao Mou Feng (female, born on July 17, 1949) was admitted to the defendant’S HOSPITAL of Traditional Chinese Medicine in X City for hospitalization on December 1, 2018, then admitted to the First Hospital of X Medical University for treatment on December 12, 2018, and admitted to the People’s Hospital of X City for treatment for 5 times on January 23, 2019, with a total hospitalization of 103 days.2, a patient with side view Joe wind on December 1, 2018 more than 9 points because of his left leg soft defendant hospital treatment, physicians were given to the patients of the checklist to check, check finished around half past 11 patients, hospital diagnosed with acute cerebral infarction, hospital room temperature doctor in outpatient acupuncture began to patients with acupuncture and moxibustion, after a needle fixed on the doctor went away,During this period, the patient was not given any drug infusion treatment, and the patient could not wear clothes at about 12:10, and his condition was significantly aggravated.Lost, the doctors also coincided with the hospital as a whole to move in the day, family members of patients to find the car pull patients home, around two o ‘clock in the afternoon patients with patients’ families will pull to the new address of the hospital, the hospital arranged to patients in the hospital, the second day hospital continue to patients with acupuncture and moxibustion, day three patients on the left side of the body does not move, in the sixth days, the patient can’t move my body also.On the ninth day, the patient was unable to speak.The patient continued acupuncture treatment in the hospital for more than 10 days. On the 12th day, the hospital refused to send the patient to the provincial hospital. At around 9:00 a.m. on December 12, the hospital sent an ambulance from its unit to the first Hospital of X Medical University.The plaintiff is currently unable to move his limbs and live independently.After consultation, the plaintiff has learned that there is a direct causal relationship between the obvious diagnosis and treatment negligence of the defendant Traditional Chinese medicine hospital and the current damage consequences of the patient. Now the plaintiff sues to the court and requests the people’s court to judge according to law.1. If the current condition of the plaintiff is also caused by the plaintiff’s own body, the defendant shall bear the same force of cause (theoretical value 50%);The plaintiff’s claim is unreasonable and groundless.The appraisal opinion of X Judicial Appraisal Center in X City is that (1) X Hospital of Traditional Chinese Medicine in X City made medical mistakes in the diagnosis and treatment of Qiao;(2) there is a causal relationship between the fault behavior and the damage consequence of Qiao’s wind (pontine infarction);(3) TRADITIONAL Chinese Medicine Hospital of X City shall bear the same cause (theoretical value 50%).The judicial appraisal opinion of X judicial appraisal Center in X province: Joe’s wind injury is in line with complete nursing dependence.On December 5, 2019, x province X Forensic Expert center [2019] forensic expert no. 313 forensic expert opinion identified Qiao a wind injury in line with the assessment of grade ⅰ (grade one) disability.In the lawsuit, the defendant filed a declaration of Qiao mou wind as a person without civil capacity, on December 20, 2020 x City people’s Court to (2020) Jin 0781 Minte 57 civil judgment that X Biomedical Technology Co., LTD. Judicial expert opinion identification (1) qiao mou wind was identified as suffering from organic mental disorder;(2) by the appraiser Joe wind assessment for limited capacity of civil conduct.1. Regarding the plaintiff’s claim of 29552.46 yuan of medical expenses, this court affirmed 24461.95 yuan (14209.5 yuan +2318.36 yuan +6265.49 yuan +1668.60 yuan);2. Our hospital supports the claim of 10300 YUAN (103 days *100 yuan/day) as the allowance for inpatient meals;3. As for the nutrition fee of 36,800 YUAN, the hospital confirmed 5150 Yuan (103 days *50 yuan/day);4. As for the nursing fee of RMB 1,174,236, the hospital determines that it is 368 days from the date of hospitalization to the day before the disability determination, and 368 days *120 YUAN/day *1 person nursing. The nursing fee after the date of disability determination (December 5, 2019) is calculated as 10 years *120 yuan/day *365 days *1 person nursing, a total of RMB 482,160.5. As for the disability compensation of RMB 365,882, this paper determines that RMB 33,262 / year *10 years *100% is RMB 332,620;6. The court supports the claim that the transportation fee is 1,956 yuan.7. The photocopy fee of 36 yuan is supported by our hospital.8. As both parties have no objection to the claim of 1660 yuan for disability assistive devices, this court supports it;9, on the appraisal fee of 13500 yuan, the court supports;10. The court supports the claim of 50,000 yuan for spiritual consolation.The court believes that the plaintiff Qiao mou wind due to illness into the defendant X City hospital of Traditional Chinese medicine diagnosis and treatment, identified by the defendant should bear 50% of the plaintiff’s loss, a total of 921843.95 yuan.On January 21, 2001, the court made a judgment that the defendant x City Traditional Chinese Medicine Hospital paid the plaintiff Qiao Mou Feng a total of 460,921.98 yuan in compensation.Judicial adjudication cases.# Malpractice #.