Medical case reference:
Lei went to a tertiary hospital for shortness of breath, chest pain and other discomforts, and the hospital diagnosed heart valve disease, mitral valve prolapse and insufficiency, aortic valve and tricuspid valve insufficiency. After various examinations and preparations, Lei underwent mitral valvuloplasty and tricuspid valvuloplasty in the hospital. After the operation, Lei had difficulty breathing and was admitted to the ICU ward. On the same day, Lei had clinical manifestations of hemorrhagic shock such as fast heart rate and low blood pressure. However, the hospital did not closely monitor the condition, and only after five hours did it actively carry out measures to stop the bleeding and start blood transfusion. 12 days later, Lei's heart suddenly slowed down, his pupils dilated, and the hospital took first aid measures such as injecting rescue drugs and defibrillation, but he was still unable to return to heaven, and Lei unfortunately died. Lei's family believed that the hospital was at fault and sued the court, demanding compensation of more than 50 yuan.
Forensic Expertise:
The family first applied for a cause of death determination. The appraisal opinion is: after cardiac surgery, Lei suffered from hemorrhage in multiple parts of his body and died of hemorrhagic shock, and his own chronic disease was the auxiliary cause of Lei's death. After that, the court entrusted a forensic appraisal agency to evaluate whether the hospital's diagnosis and treatment behavior was at fault, whether there was a causal relationship, and the participation of the fault. The appraisal opinion is that the hospital is at fault for Lei's diagnosis and treatment, and the fault participation is level D. Lei suffered from bleeding after the first operation, and the hospital did not observe him in a timely manner, failed to perform a high degree of care, and the follow-up remedial measures were not effective, and it was not ruled out that Lei's bleeding after surgery was not only related to his own physique.
The court ruled:
The court held that if a patient suffers damage in the course of diagnosis and treatment, and the medical institution and its medical staff are at fault, they should be liable for compensation. In this case, the forensic appraisal center found that the defendant hospital's diagnosis and treatment was at fault, and there was a causal relationship between it and Lei's death, and the fault participation was D. Considering the circumstances of the whole case, although the hospital took corresponding measures such as hemostasis according to the situation during the diagnosis and treatment, it did not fulfill its duty of high care. In view of the fact that Lei was over 70 years old when he was admitted to the hospital, and he suffered from a variety of chronic diseases, and his death due to hemorrhagic shock was related to his special constitution, it was determined that the hospital should bear 40% of the fault liability and should compensate the patient more than 20 yuan.
A Brief Analysis of Medical Law:
Heart valve replacement surgery itself has a high risk, and whether or not to undergo surgery needs to be decided based on the recommendations of the hospital and your own physical condition. There is uncertainty about whether the results of the surgery will be as expected, and not all adverse consequences are medical malpractice or the fault of the hospital. For high-risk surgeries or treatments, even if the report from the appraisal agency indicates that the hospital is at fault, the interests of the hospital are usually taken into account in the fault participation assessment. As a result, the proportion of liability borne by hospitals is usually not high. If you do believe that the hospital is at fault in the diagnosis and treatment, it is recommended to consult a professional medical lawyer to choose the most appropriate way to protect your rights.