In today's headlines @headlines help received feedback from users Mr. Xue and Ms. Yang that the hospital left a broken metal drill bit in the patient's bone during the operation, but it was not until three years later that the built-in steel plate was unexpectedly learned of it. The couple argued that the hospital's practices had seriously violated their legitimate rights and interests.
Accidental discovery: 3 years after orthopedic surgery,
When the steel plate was removed, it was told that a metal drill bit was left in the bone
Mr. Xue and Ms. Yang live in Zhangye City, Gansu Province. On June 3, 2020, Ms. Yang accidentally fell while climbing to pick fruits, and her left shoulder landed on the ground and she suffered severe pain, swelling of the upper part of her left humerus, and limited movement of her left shoulder.
Mr. Xue took his wife to the Second Department of Surgery of Ganzhou District People's Hospital in Zhangye City for treatment, and "did a CT scan showing 'comminuted fracture of the left humeral surgical neck'." According to Mr. Xue, after some treatment after being admitted to the hospital, on June 9, 2020, the hospital performed open reduction and internal fixation of the left humerus surgical neck fracture for Ms. Yang. Mr. Xue said that after a period of postoperative recovery, his wife was discharged from the hospital on June 23.
"We were hospitalized for 20 days, and none of the doctors told us anything about the surgery. Mr. Xue said that after being discharged from the hospital, his wife has been recuperating at home and returned to the hospital for re-examination as required, "We have returned to this hospital for re-examination three times, and the doctor will look at the postoperative film every time, but he has never said that there is anything wrong with the operation, and we will not watch the film, and we have never known that there is a problem." ”
As three years passed in a blink of an eye, and it was time to take the steel plate, Mr. Xue and his wife decided to go to the hospital department where the surgery had been performed before, "because they did the operation, they are familiar with it, and they can do it better." Mr. Xue said that he was surprised to find that in the original operation, a metal drill bit was broken and left in his wife's humerus.
"We planned to undergo internal fixation and removal surgery at Ganzhou District People's Hospital on March 27, 2023, and waited for two days after being admitted to the hospital. Mr. Xue said that after being admitted to the hospital, he took a new film, when the hospital arranged for a new doctor to operate on his wife, and the doctor said after watching the film that the steel plate was easy to take, but there was a broken drill bit that could not be taken in it. At this time, Mr. Xue still did not know the reason, and after further questioning, the doctor said, "At that time, I left a broken drill bit in my arm during the operation, didn't I tell you?"
Mr. Xue said that after discovering the problem, he and his wife decided not to have the steel plate removal surgery for the time being, and started a lengthy process of rights protection negotiations with the hospital.
A CT scan of Ms. Yang's left shoulder showed a thin, spiral-shaped rod-shaped object under the shoulder
Multi-party consultation:
Some experts recommend keeping the drill bit, saying that removing it may injure the nerves in the arm
A CT scan of Ms. Yang's left shoulder showed that a bit of the humerus below the shoulder was clearly fixed by a steel plate, but a thin rod-shaped object in the shape of a spiral was also clearly visible, which Mr. Xue said was a drill bit that had been broken in the bone during the operation.
Will there be any impact on such a drill bit if it remains in the bone, and what are the risks of removing it?
"We went to Xi'an, Lanzhou and many other places to consult with many orthopedic experts, and most of the experts recommended reservations. Mr. Xue said that experts believe that this thing is not easy to take, mainly because there is some nerve tissue in the position of the drill bit, and if it is not obtained well, it may hurt the arm and cause functional damage. Experts say that at that time, it was relatively easy to remove during surgery, but now that the bone has grown, it is difficult to remove.
Mr. Xue said that because of the built-in steel plate in the position, Ms. Yang occasionally felt pain, but even if she felt uncomfortable, it was not clear whether it was caused by the built-in steel plate and steel nails or the drill bit that should not have been left inside.
"If you want to take it out now, you have to make a round hole in the bone that is at least thicker than the drill bit, and take out the bone with the drill bit, which is at least another injury to the bone. In addition, there are many nerves in the location of the drill bit, and if the nerves are injured, the arm may be wasted. Mr. Xue said that many experts said that keeping the drill bit in the bone would not be a problem under normal circumstances, but they did not dare to completely guarantee that there would be no problems in the future, "and many hospitals did not dare to do this operation easily."
Representations between the parties:
The hospital is willing to bear 50% of the cost of the operation, but the patient does not accept it
Mr. Xue said that he negotiated with the hospital concerned about this, "They said at the beginning that they could do this removal operation, but it may not be taken out at once, and it may require three or four eye injections." Mr. Xue believed that his wife's arm had been operated on because of a fracture, and that it would inevitably affect the normal function of his wife's arm because of a fracture, and that it would inevitably affect the normal function of his wife's arm.
"The hospital said we could also go to other hospitals for surgery and removal, and then they would reimburse 50% of the cost of the surgery. Mr. Xue said that the hospital did not believe that this was a medical malpractice, and the negotiations between the two sides have been fruitless.
Experts of the Medical Commission: The hospital's diagnosis and treatment behavior is not standardized,
There is a problem of concealment
Mr. Xue said that the matter was mediated by the People's Mediation Committee for Medical Disputes, a local third-party mediation agency, and the committee also gave an expert advisory opinion on May 22, 2023.
After investigation, the experts determined that Ms. Yang had a drill bit left in the humerus bone after the orthopedic surgery at the Ganzhou District People's Hospital. The experts believe that the hospital broke the drill bit during the first operation, failed to communicate with the patient's family in time and inform the truth, concealed the relevant facts, and violated the patient's right to know; The reason for the failure to remove the broken drill bit in time during the operation was that the fracture was well reduced and several screws had been fixed. To remove the broken drill bit, the screw steel plate must be removed, and then reset and fixed again, which is time-consuming and time-consuming, and there is the possibility of poor reduction; At that time, removing the broken drill bit should have more harm than good, and you can consider taking out the broken drill bit by the way when taking the internal fixation for the second time. The best way to deal with this is to inform the family and reach an agreement, not to hide it, and it is difficult to remove the broken drill bit, but it should have little effect on the patient's shoulder joint kinetic energy.
In the end, the experts concluded that the diagnosis and treatment behavior of the Ganzhou District People's Hospital was not standardized, and although it did not have an adverse impact on the treatment, there was a problem of concealment and violated the patient's right to know, and it was recommended that the doctor exempt the patient from part of the diagnosis and treatment fees in the hospital.
Patient's Reconsideration:
The hospital's serious fault caused unknown risks to the patient, and the claim was 200,000 yuan
As the patient, Mr. Xue and his wife disagreed with this mediation opinion, arguing that it was "far less than the harm caused to me by medical damage." ”
Mr. and Mrs. Xue believed that the hospital involved was seriously at fault during the operation. First of all, the medical staff did not operate properly during the operation, resulting in the surgical drill bit remaining in the patient's body. Second, the hospital's medical staff jointly violated their obligation to inform, which seriously violated their right to know.
"Because a drill bit was left in her body, her arm was often painful, and my wife, who was already suffering from injuries, was now anxious and insomnia, and had severe fear and anxiety in her mind. Mr. Xue said that many experts said that it was risky to take it out, but there was no guarantee that there would be no problems if it was kept inside, "which undoubtedly left a 'time bomb' in my body." In addition to mental injury, the drill bit will not produce chronic inflammation or even infection in the bones, cartilage, fibrous tissue, bone marrow, etc., leading to more serious diseases.
Mr. and Mrs. Xue claimed in the reconsideration that the Tort Liability Law clearly stipulates that if the patient is injured due to the fault of the hospital, he shall be liable for compensation. Article 1179 of the Civil Code of the People's Republic of China also clearly stipulates that a person who infringes upon another person and causes personal injury shall be compensated for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as lost work expenses for those who are unable to engage in heavy physical labor. As a result, Mr. and Mrs. Xue filed a claim for a one-time compensation of 200,000 yuan for moral damages.
However, according to Mr. Xue, the Commission ultimately upheld the mediation opinion.
The hospital responded: the hospital will bear the expenses that should be borne by the hospital;
It is hoped that it will be resolved through legal means
A few days ago, a person in charge of the Ganzhou District People's Hospital was interviewed by a reporter from Huashang Daily's Gale News.
"We have invited patients to the hospital on several occasions to sit down and negotiate. The person in charge said that when the patient underwent internal fixation and removal surgery, the drill bit could be removed by the way with an expander, "We will bear the cost." The person in charge admitted that the hospital was responsible for 50% of the cost of the operation, but at the same time denied that it was a medical malpractice, and he said that after the matter came out, the medical commission also intervened and gave an opinion.
Although the person in charge made it clear that the remaining drill bit could be removed, he also said that "everything is risky" and that the safety of the operation could not be guaranteed, but he said that most of the nerves in the affected area of the patient are distributed in the armpit, so the risk is small.
As for the reason for the remaining drill bits, the person in charge analyzed that it may be caused by many factors, and it is likely that all aspects have been fixed before they found that there was a drill bit folded inside, and the medical staff may consider that it is not a big problem to stay in it, and then take it out, "Even if you don't take it, it may not affect it in the future." The person in charge also agrees with the psychological burden caused by the drill bits left in the patient's bones, "If they don't trust our hospital, they can also go to other places to operate and take it out, and then reimburse it according to national regulations, and we will bear some related costs for the rest of the expenses, and basically the costs can be solved."
Regarding Mr. Xue's claim for compensation, the person in charge said that as a hospital, the claim that complies with the law and regulations can be satisfied, and "the compensation must have a basis." He said that one basis is the mediation opinion of the medical commission, or the problem can be solved through legal means, and the hospital can deal with it according to the court judgment.
Huashang Daily Gale News reporter He Nan Editor Dong Lin
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