I thought it was the beginning of a new life
Never thought it was the end of life...
Hu's family could not imagine that the liver replacement surgery not only did not make him recover physically, but also caused mental illness due to complications, and finally chose to jump from the hospital and end his life. After Hu's death, his family also had a dispute with the hospital, and they sued the two hospitals that provided Hu with liver sources and surgery at the same time, demanding that they bear the liability for compensation for Hu's death. A few days ago, the Shanghai Pudong New Area People's Court made a first-instance judgment on the case.
Men change livers after triggering psychosis
Jump off a building and fall to your death
Hu Mou, who has passed the age of confusion, was originally the pillar of the family, but he did not think that just 6 years ago, Hu Mou was found to have primary liver cancer, and after many surgeries, Hu Mou's liver cancer recurred again. As his illness became more and more serious, liver replacement became his last hope.
After a long wait, Hu finally waited for the matching liver source and was admitted to a hospital in Shanghai and underwent liver transplant surgery. According to Hu's family, there was no abnormality in the operation process, but on the morning of the first day after the operation, Hu had obvious mental symptoms such as restlessness in the ICU, and two days later, Hu was transferred to the isolation room and had obvious symptoms of mental disorders such as "persecution" and "fear". At about 19:50 that night, Hu pulled out the tube on his body by himself, jumped from the window of the ward, and fell to his death...
Hu's family said that the surgical hospital required that the liver fee be credited to the personal bank card account according to the doctor's instructions, and the bank card belonged to the hospital doctor who provided the liver source.
After Hu's death
His family believes that Hu's death was related to the hospital
The hospital is considered to have the following faults
Improper postoperative monitoring and inadequate treatment of patients. Without consulting a neuropsychiatrist, the hospital transferred patients out of the ICU and was admitted to isolation wards without medical supervision and family members were prohibited.
The hospital has made mistakes in judging the severity of the patient's early postoperative mental disorder, improper monitoring measures and duration, and ineffective treatment measures, which seriously violate the doctor's duty of care in prudent diagnosis and treatment, the obligation to foresee and avoid adverse consequences.
Subsequently, Hu's family sued the two hospitals that provided Hu with liver sources and surgery at the same time, demanding compensation for various economic losses of more than 430,000 yuan.
Hospital: No fault
However, the defendant hospital did not agree. The hospital said it had commissioned the Shanghai Medical Association to conduct a medical damage appraisal. The appraisal conclusion showed that the defendant hospital was not at fault for the patient's diagnosis and treatment process, so the hospital did not agree to bear the corresponding compensation liability.
According to the results of the medical damage appraisal, there is no medical damage to the patient's body during the diagnosis and treatment process of the hospital. Although there is a shortage of escorts in the medical activities of the surgical hospital, there is no causal relationship with the result of Hu's final death.
In addition, the hospital also believes that according to Hu's condition, the choice of classic in situ liver transplantation has indications for transplant surgery, and there is no fault. On the first day after the liver transplantation, the patient appeared restless, mentally unstable and other states, and the doctor carried out restraint belt restraint and olanzapine sedation treatment, which was in line with the diagnosis and treatment routine.
At the same time, mental complications are one of the common complications after liver transplantation, and individual differences are large. Through the informed consent form for preoperative surgery, the hospital informed the patient and his family that there may be mental system complications such as delirium, depression and anxiety after the operation, and the hospital also performed the operation after the patient signed the consent.
After the appearance of psychiatric symptoms, the hospital has done the corresponding symptomatic treatment, and there is a curative effect. Hu's fall from the building is an irresistible and unpredictable situation, and there is no causal relationship with the hospital's diagnosis and treatment.
As for Hu's lawsuit against the liver source hospital, the hospital also did not agree.
The patient's donor liver is distributed after matching the organs through the Chinese organ allocation and the shared computer system, and the donor liver management complies with the management regulations.
The doctor who provided the liver source did not have direct medical behavior with the patient, and the related cost issues were not within the scope of medical technology identification. The patient died unexpectedly due to mental symptoms after liver transplantation, and there was no causal relationship with the hospital's donor liver.
Court: Does not support compensation
In this regard, Hu's family applied to withdraw the lawsuit against the hospital that provided liver source, and the court granted permission. After the trial, the court held that the patient Hu Mou went to the defendant hospital for treatment, and the two sides thus established a medical legal relationship. The assumption of liability for medical damages is based on whether there is any fault in the medical act and whether there is a causal relationship between the fault and the consequences of the damage.
As for whether medical institutions and their medical staff have violated medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment and nursing norms, routines and other faults in medical activities, this should be determined by the Medical Association.
The judgment results of this case show that there is no medical damage to the patient's person in the medical activities of the medical institution. Therefore, the claim of Hu's family for compensation for economic losses lacked factual and legal basis, and the court did not support it.
However, the court pointed out that in the medical activities, the hospital did have a shortage of escorts, although this has no causal relationship with the result of the patient's final death, but it does cause reasonable suspicion on the plaintiff, thus triggering a medical dispute, so the appraisal fee arising from this dispute is borne by the hospital, and the hospital should also give Hu appropriate compensation.
In the end, the court ordered the hospital to compensate Hu's family for 20,000 yuan and pay an appraisal fee of 3,500 yuan. The other litigation claims of Hu's family will not be supported.
As soon as the event came out
Immediately on the Weibo hot search
It has aroused heated discussion among netizens
Many netizens said that they had increased their knowledge
It turns out that liver replacement can also cause mental illness
Some netizens think
Hospitals do have negligence
No caregiving responsibilities
There are also netizens who think that Hu Moufang
After signing the informed consent form for surgery
It is not reasonable to put all the responsibility on the hospital
In addition, netizens on it
The hospital suing the liver source said it did not understand
There are also many netizens
Sympathize with Hu's plight
I also hope that his family can mourn
This case has also made many netizens wake up
The importance of protecting liver health!
Source: News Workshop Comprehensive Shanghai Rule of Law News (Reporter: Chen Yingting), 021 video, netizen comments