Eight months after the elderly man in his 80s was admitted to a nursing home, he suddenly had an acute cerebral infarction, resulting in hemiplegia. The family said that the old man had fallen in the nursing home and believed that the nursing home should compensate. The person in charge of the nursing home said that the old man was fine after falling, and he also participated in exercise activities, and when he had a sudden cerebral infarction, he was also sent to the hospital in time and notified his family, believing that the nursing home was not at fault. The two sides have failed to reach an agreement through mediation for many times, and recently, a reporter from Jiangsu Economic News conducted an investigation and interview on this matter.
Life is inconvenient and needs to be taken care of, and the elderly are admitted to nursing homes
Uncle Wang, 81 years old this year, suffers from a variety of underlying diseases such as high blood pressure, heart disease, and diabetes, and needs to be taken care of in his daily life. His wife, Grandma Wang, is also in her 70s, and her two daughters are busy with work and take care of young children.
In February 2023, Uncle Wang's family found the Wanxuanting Nursing Home in Nanjing, and after visiting the site and listening to the introduction of the person in charge, they decided to choose this nursing home to take care of Uncle Wang's life. After signing the contract, Uncle Wang moved into the nursing home. "The contract stipulates that the level of care is nursing, and the monthly cost is about 5,000 yuan. The family of the old man said.
In May last year, Uncle Wang's family took him to the hospital for a physical examination, and the imaging diagnosis report showed that Uncle Wang's brain atrophy, mild hydrocephalus, and acute cerebral infarction in the left basal ganglia area were possible, and at the same time, the hospital diagnosed Uncle Wang with dementia symptoms. The family informed the nursing home of the relevant situation and asked to strengthen the care of Uncle Wang.
"We went to see him and found that he looked like he was injured. The family of the elderly said that one day in mid-October last year, the family went to visit Uncle Wang in the nursing home and asked him what was wrong, but he couldn't express it clearly, so he said that his shoulder hurt. Seeing this situation, the family found the person in charge of the nursing home and the nurse, asked Uncle Wang if he had fallen, and asked to see the surveillance video, but the nursing home could not provide it.
The old man had a sudden cerebral infarction, and his family said that he had fallen in a nursing home
At the beginning of November last year, the person in charge of the nursing home called Uncle Wang's family to inform him, saying that Uncle Wang could no longer speak, and he was incontinent and foaming at the mouth, and he had notified 120 to prepare to be sent to the hospital for first aid. When the family heard this, they quickly rushed to the hospital, when Uncle Wang was in the emergency room, and the doctor issued a critical illness notice.
Fortunately, Uncle Wang was rescued and out of danger, but his family found something strange in his medical records. "The medical records at the time of rescue showed that the nurse found that he had weakness in his right limb at 2 a.m. that day, his speech was unfavorable, and he was incontinent. Grandma Wang said she didn't understand why the old man was taken to the hospital three hours after the incident.
After that, the family asked to see the surveillance video of the nursing home many times, wanting to know why Uncle Wang said that his shoulder hurt before. "The nursing home said at the time that the equipment was under maintenance and the technician was not there, but then we found a technician ourselves, and then we saw the monitoring. Uncle Wang's family said. Surveillance footage shows that Uncle Wang accidentally fell in the lobby of the nursing home that morning and was later helped up by the nursing home staff.
The family of the old man told reporters that when Uncle Wang had a cerebral infarction attack, the doctor found that there were bruises on his left and right hands, wrists and thighs, and at the end of November last year, during the treatment film, it was found that Uncle Wang had rib fractures. "We believe the fracture was caused by a fall in a nursing home. The family of the old man said.
The family members of the elderly believe that the hidden danger of sudden acute cerebral infarction after the fall of the elderly, and at the same time, it is believed that after the onset of cerebral infarction in the elderly, the nursing home did not send the patient to the hospital and notify the family in time, resulting in the elderly missing the best time for thrombolysis surgery. "Although I picked up a life, I am now paralyzed in bed and unable to take care of myself. The family of the old man said.
Nursing homes: There is nothing wrong with the handling
On the official website of Wanxuanting Nursing Home, the reporter saw that the publicity and introduction showed that as a large-scale commercial embedded medical care integration institution, Wanxuanting Nursing Home claims to be a professional nursing home combining health care and nursing, with qualifications for health care and maintenance, and the introduction of standardized nursing care and medical care models. According to the situation shown by the enterprise investigation, Nanjing Wanxuanting Traditional Chinese Medicine Hospital Co., Ltd. licensed project medical services (projects subject to approval in accordance with the law can only be carried out after approval by relevant departments, and specific business projects are subject to the approval results).
The reporter recently came to the Wanxuanting Nursing Home located in Xiaoshi Street, Gulou District, and saw that this nursing home is located in a commercial complex, and the words "Wanxuanting Traditional Chinese Medicine Hospital, Inpatient Department" are also pasted on the glass curtain wall. The reporter tried to enter the nursing home for an interview, but the reply was that there was no appointment in advance and the relevant person in charge was not there.
The reporter conducted a telephone interview with the relevant person in charge of Wanxuanting Nursing Home, who said that after Uncle Wang fell, he was helped up by the staff of the nursing home, and he was soon able to walk on his own, and did not express chest pain, "In the afternoon, the family members of the elderly came to visit, and we had already told them about the fall, and also suggested that they could take the elderly to the hospital for a physical examination, but they saw that the old man could move around freely, and felt that it was not serious, and they did not say anything." ”
In this regard, the family of the elderly also admitted that the doctor had said that it was impossible to judge whether the fracture was caused by a fall in a nursing home, and it needed to be identified by a professional institution.
"Regarding the situation of the old man's sudden cerebral infarction, we also made a detailed understanding, the incident occurred in the early morning of the same day, the nurse who accompanied the elderly to rest asked the old man if he needed to go to the toilet, and the old man waved his hand at that time to refuse. At around 5 a.m., the nurse noticed that the old man was not in the right condition, and then called the 120 emergency number, and also notified the family. It was not that it was dealt with 3 hours after the abnormality was discovered, but it may have been due to the nurse's unclear description in the urgency, coupled with the accent, which caused a misunderstanding among the emergency personnel at that time, and I think there was nothing wrong with our handling at that time. The relevant person in charge of the nursing home told reporters that the old man fell on October 9 last year, and the sudden cerebral infarction was on November 5 last year, and the middle 28 days, the old man had no abnormality in the nursing home. In addition, the person in charge also mentioned that the old man was found secretly drinking by the staff during his life in the nursing home, "We advised him not to drink, but he still drank, and the old man's family also knew." ”
Multi-party person: Repeated mediation has been fruitless, and it is recommended to resolve it through judicial channels
It is understood that Uncle Wang is still in bed for treatment, and his family has repeatedly approached the nursing home to ask for an explanation, but there has been no result. After repeated feedback from the families of the elderly, civil affairs, health and other units have repeatedly organized mediation between the families of the elderly and the nursing home, but no agreement has been reached.
The family members of the elderly told reporters that they hope that the nursing home will take the corresponding responsibility and make compensation. "We propose a one-time compensation of 400,000 yuan, which includes the cost of treatment from last year's cerebral infarction to the present, as well as the cost of treatment and care for a period of time in the future. The family of the old man said.
After several mediations, the family of the elderly and the nursing home could not reach an agreement. "We don't think there's fault, and if they insist that we pay compensation, we can go through the judicial route, and we can accept the outcome of the court's decision. The person in charge of the nursing home said.
Ni Jun, a lawyer at Beijing Guantao Zhongmao (Nanjing) Law Firm, said that the elderly's family claims compensation from the nursing home can be resolved through litigation. "Whether the elderly fall down and whether the nursing home is responsible depends on whether there are circumstances including but not limited to slippery floors and nursing staff pushing, and the court will judge according to the rules of evidence. Ni Jun said that if the fall has nothing to do with the nursing home, it will have nothing to do with the follow-up. "If the nursing home is at fault, it will be followed up to review the fall at the time, whether there is a fracture, whether the fracture is related to the subsequent cerebral infarction, etc. Ni Jun said that the responsibility of nursing homes can not be infinitely magnified, which is very detrimental to the development of nursing institutions, and it depends on objective facts, after all, the elderly are adults with full civil capacity.
Insurance experts: It is advisable to purchase insurance to protect against risks
According to the news released on the official website of the Nanjing Civil Affairs Bureau, in 2015, the Nanjing Civil Affairs Bureau formulated the "Nanjing Pension Institutions Comprehensive Insurance Implementation Plan" and issued it to all districts to establish a comprehensive insurance mechanism for pension institutions and improve the ability of pension institutions to resist unexpected risks and deal with the aftermath.
The plan clarifies that for the elderly care institutions that have purchased relevant comprehensive insurance, the insurance company shall compensate the elderly within the agreed compensation limit due to accidents or due to negligence, negligence or improper care of the elderly during the residence, nursing and activities within the building of the institution or in the designated area.
In addition, a staff member of Ping An Insurance Company of China told reporters that there are different insurance products that can deal with the accidental injuries and sudden illnesses of the elderly in pension institutions. "Nursing homes can purchase public liability insurance, similar to third-party liability insurance for cars, and in the event of an accident, regardless of whether the nursing home is liable or not, the injured person can be compensated within the scope. The staff said, "The elderly have sudden cerebral infarction, myocardial infarction, etc., all of which are sudden diseases, and nursing homes can also recommend that the elderly purchase commercial medical insurance on their own, as a supplement to residents' medical insurance, in order to cope with the medical and nursing expenses incurred after the sudden illness." ”
Jiangsu Economic News reporter Jin Cai