[Plaintiff's Statement]
On March 9, 2021, patient Jia Mougang was admitted to the People's Hospital of X District, City X of the defendant for treatment because of "blood in the sputum for 3 days, and the left lung occupied a mass on physical examination", and the defendant underwent a lower left upper lobectomy of the lower left lung for the patient on March 21, 2021. At 9:00 on March 24, the third day after surgery, the patient suddenly lost consciousness, regained consciousness dozens of seconds later, and lost muscle strength in his left limb.
After emergency CT examination, cerebral infarction was considered after neurology consultation, interventional thrombectomy and transfer to neurology were recommended, and the patient developed a right pupil of 4mm and no light reflex at 10 p.m. on March 24 after surgery, and the left side diameter was 2mm, and the light reflex was present. After head CT examination, the patient had a large cerebral infarction, and craniotomy was recommended.
After being questioned by the patient's family, the doctor believed that the patient was in critical condition, and even if the operation was performed, there was little hope of resuscitation. Therefore, the family did not consent to the surgery. At 2 p.m. on March 26, the defendant explained to the plaintiff that the patient was in critical condition, and that he was discharged from the hospital at 3 p.m. on March 26 and died at 1 a.m. on March 27.
[Plaintiff's opinion]
The defendant did not have the technical ability to perform the resection of the lower lung under VATS, but told the patient that he could hire an external expert from the Affiliated Hospital of X Medical College to perform the operation on the patient (the plaintiff paid 7,000 yuan in cash), but the operator was recorded as the defendant's doctor, and the external expert was only the surgical supervisor. This is an obvious act of deceiving the patient and his family, and if the defendant has made it clear to the plaintiff in advance, the plaintiff can directly transfer to another high-level hospital for treatment.
It will not cause serious consequences such as severe cerebral infarction and complete failure of surgery. The defendant seriously violated the laws and regulations on medical and health management and the norms of diagnosis and treatment, and when performing the second operation for the patient, the dates were filled in by the defendant's staff themselves, and were not real time records, which was a very serious violation, and the defendant should bear the corresponding illegal responsibility.
The defendant was also at obvious fault in performing "percutaneous interventional intracranial thrombus removal + intra-arterial contact thrombolysis" for the patient, and the operation was also a complete failure, resulting in a large cerebral infarction and subsequent brain herniation. Brain herniation is caused by increased intracranial pressure, which can only be caused by intracerebral hemorrhage.
This was entirely due to the defendant's surgery, and the formation of brain herniation was also the main cause of the patient's death, for which the defendant could not be shirked. If the defendant's above-mentioned wrongful acts lead to the serious consequences of the patient's death, the defendant shall bear the corresponding liability for medical damages in accordance with the law, and the death of the patient has also caused great mental harm to the plaintiff, and the defendant shall compensate the plaintiff for moral damages.
The lawsuit was filed with the court, requesting that the defendant be ordered to compensate the plaintiff for losses totaling 497,922.42 yuan, 100,000 yuan for mental damages, and that the defendant bear the litigation fees and appraisal fees.
[Defendant X City X District People's Hospital argues]
1. In the diagnosis and treatment of cerebral embolism, the expert proposed that the risk of limb paralysis and even death of patients with secondary large-scale cerebral infarction after conservative treatment can be predicted, but the effect of endovascular treatment cannot be accurately predicted, and the actual situation is that the Chinese expert consensus on endovascular treatment of acute large vessel occlusive ischemic stroke is: for patients aged ≥ 18 years old AIS-LVO with clear benefits of endovascular therapy;
2. Fully inform the family members before the operation, agree to the operation and sign the consent form;
3. The patient's cerebral embolism, poor collateral compensation, and successful thrombectomy have not benefited, which is the cause of large-scale cerebral infarction.
4. The amount of compensation sued by the plaintiff is too high, and the amount of moral compensation is too high, and the court is requested to determine it in accordance with law.
【Appraisal Results】
The degree of causal force of the fault of the People's Hospital of X City and X District in the diagnosis and treatment of the appraised person Jia Mougang (male, born on March 31, 1957) is between the secondary ~ the same cause range.
【Verdict】
On March 23, 2022, the judgment ruled that the defendant X City X District People's Hospital should bear 40% of the liability, compensating 11,280.04 yuan for medical expenses, 720 yuan for nursing expenses, 720 yuan for food subsidies during hospitalization, 409,625.2 yuan for death compensation, 526.8 yuan for transportation expenses, 1,031.4 yuan for accommodation expenses, 16,334.2 yuan for funeral expenses, 4,000 yuan for spiritual comfort, and 7,200 yuan for appraisal fees, totaling 451,437.63 yuan.
[Excerpt from judicial adjudication cases]