[Basic facts of the case]
From July 26, 2019 to August 9, 2019, he was hospitalized at CXK Hospital, and his medical records showed that he was admitted to the hospital with a head and neck cyst, and he was treated at CXK Hospital. From September 18, 2019 to March 2020, Liu Moujun went to CJD Hospital for treatment five times.
He was diagnosed with symptoms such as "metastatic poorly differentiated carcinoma of the right neck", "metastatic low-grade carcinoma of the right neck after chemotherapy", "right neck mass infection", "anemia", "cervical lymph node metastases after radiotherapy and chemotherapy", "right cervical sinus tract formation with infection", and "malignant tumor", and died on March 11, 2020.
【Patient's Viewpoint】
On July 26, 2019, the plaintiff's relative, Liu Moujun (male), visited the defendant for "a 3+ month gradual increase in the right neck mass", underwent corresponding surgery, and after multiple chemotherapy treatments, the patient's condition gradually worsened, and died on March 11, 2020 after being rescued by CJD Hospital. The plaintiff argued that the defendant had failed to fulfill its obligation to provide medical treatment.
[Defendant CXK Hospital argues]
The hospital has fulfilled its obligations, and the diagnosis and treatment behavior is in full compliance with the law and norms. There is no causal relationship between Liu's death and the hospital's diagnosis and treatment, and he should not be liable for compensation.
[Defendant CJD Hospital argues]
CJD Hospital's diagnosis and treatment behavior complies with the requirements of laws, regulations and diagnosis and treatment standards, and the hospital's behavior is not at fault. There was no causal relationship between Liu's death and the hospital. The plaintiff's evidence was not sufficient to prove that the defendant was at fault.
[Autopsy results]
The forensic pathology appraisal opinion No. 73 of X Disease Jian Zi determined that the cause of Liu Moujun's death was consistent with the lung infection that caused his death on the basis of his own disease.
【Appraisal Opinion】
During the trial of this case, upon the application of the parties, this hospital entrusted the C Medical Association to conduct a technical appraisal of medical malpractice in accordance with law. On November 23, 2021, the C Medical Association issued the Medical Accident Technical Appraisal No. X094 of the C Medical Association: for first-class medical accidents, CXK Hospital bears 60% of the secondary liability, and CJD Hospital bears 40% of the secondary liability.
【Loss Calculation】
1. Medical expenses are 41,696.41 yuan. There are corresponding bills to support.
2. The hospital meal subsidy is 2,730 yuan. The plaintiff's claim did not exceed the legal provisions.
3. The nutrition fee is 2,000 yuan.
4. The nursing fee is 10,920 yuan.
5. Death compensation: 38,253 yuan/year X 20 years = 765,060 yuan.
6. Funeral expenses of 37,260 yuan. Determined in accordance with legal provisions.
7. The transportation fee is 800 yuan. Determined according to the treatment situation.
8. The cost of handling funeral matters is 1,500 yuan. Discretionary determination.
9. 10,000 yuan for mental damage. It is determined as appropriate according to the circumstances of the case.
10. The appraisal fee is 3,000 yuan. Based on the corresponding bill.
[Trial Opinions]
1. Regarding the appraisal opinion of the medical association, the defendant proposed that the appraisal was commissioned only after Chen Moufen's death. This court made the following judgment: The materials on which the appraisal was based were cross-examined by the parties and their authorized agents. During the appraisal process, the medical association organized both parties to conduct on-site presentations, expert questions, on-site reading and other procedures, and the defendant fully participated in the appraisal procedure, and the plaintiff did not raise any objection to the appraisal opinion.
After receiving the appraisal opinion, the defendant did not raise an objection to the appraisal opinion within the statutory period. Although Chen Moufen did not participate in the appraisal process, her relatives or agents participated in the entire process, so her failure to participate had no substantial impact on the appraisal opinion, so this hospital adopted the appraisal opinion of the Medical Association.
2. According to the appraisal opinion, combined with the refusal of Liu's family to conduct further examinations during the treatment process, this court confirmed that the defendants CXK Hospital and CJD Hospital should bear 20% of the compensation liability for the plaintiff's losses. Since CXK Hospital and CJD Hospital were not jointly at fault, the hospital determined that CXK Hospital was liable for 12% of the plaintiff's losses and CJD Hospital was liable for 8% of the plaintiff's losses based on the appraisal opinion of the Medical Association.
3. The plaintiff's total losses were 874,966.41 yuan. The defendant CXK Hospital should bear 104,995.96 yuan, and the defendant CJD Hospital should bear 69,997.31 yuan.
【Court Decision】
On December 31, 2021, the judgment ruled that the defendant CXK Hospital should bear 12% of the liability and pay compensation of 104,995.96 yuan, and the defendant CJD Hospital should bear 8% of the liability and pay 69,997.31 yuan.