Medical malpractice case: The hospital is responsible for the patient's surgical damage
On November 2, 2020, the patient Fang Mouxiong was admitted to the X County People's Hospital due to the need to remove the internal fixation after the fracture of the right tibial plateau. Unfortunately, an accident occurred during the procedure, resulting in damage to the patient's right popliteal fossa artery. After emergency treatment, the patient was transferred to W Orthopaedic Hospital for further treatment until he was discharged a few months later.
The patient, Fang Mouxiong, believed that the injury during the operation was caused by the negligence of the X County People's Hospital during the operation, so he filed a claim for medical accident compensation with the hospital. Although the hospital acknowledges the occurrence of the accident, it has a disagreement with the patient on the proportion of compensation.
After expert appraisal, the accident was identified as a third-class E medical accident, and the X County People's Hospital was judged to be the main responsible party. However, there is controversy between doctors and patients on the issue of the proportion of responsibility.
In the course of the trial, the court carefully reviewed the various expense bills provided by the patients, and eliminated some of the expenses in light of the actual situation of the medical accident. At the same time, the court also took into account the actual losses of the patient and the degree of liability of the hospital, and determined the proportion of compensation to be borne by the hospital.
In the calculation of the amount of compensation, the court comprehensively considered the patient's medical expenses, lost work expenses, nursing expenses, nutrition expenses, in-hospital meal subsidies and other expenses, and calculated the final compensation amount according to the proportion of liability that the hospital should bear.
In the end, the court made a judgment on December 24, 2021, requiring the X County People's Hospital to compensate the patient Fang Mouxiong for the corresponding losses in accordance with the proportion of liability. This judgment not only protects the legitimate rights and interests of patients, but also provides a reference for the handling of similar medical disputes in the future.
The occurrence of this case reminds us once again that medical institutions must strictly adhere to medical norms and operating procedures to ensure the safety and health of patients when providing medical services. At the same time, when patients encounter medical accidents, they should also protect their rights and interests in accordance with the law and seek compensation through legal channels.
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