Baise pancreatitic patient cut the intersection of stomach and operation turn on behind the belly finding, misdiagnosing almost
Guangxi the intersection of news and the intersection of network and Baise report ' Yellow table tennis guest of the reporter) Because Liang JiaBin suffering from abdominal pain and seeking medical advice, is diagnosed as acute gastric perforation by the right river district the People's Hospital of Baise, and when the doctor should excise his most stomaches to open his abdominal cavity, just find what he suffered from is actually acute pancreatitis. On January 13, the intermediate people's court of Baise makes final judgement to this medical dispute case, misdiagnose with this hospital, the case history yes " L Greater flaw " , it operate it is be surgical to possess by qualification doctor not to be from,it is adjudiacate in the first instance to cancel, compensate for the intersection of roof beam and good refined medical fee by hospital this, spirit damage conciliate King,etc. add up to 8488 yuan.
Stomach excision of walking in desire
It is found behind the belly and misdiagnoses that open
On November 19, 2007, 48 -year-old Liang Jia suffers from abdominal pain refinedly to surgery of district hospital of right river to go to a doctor, the doctor diagnoses as " L Acute then sending filling the air peritonitis, acute gastric perforation? " ,Sign by relatives to agree, decide to carry on most excisions of stomach to him. However, after the doctor opens the abdominal cavity of the roof beam, find what he suffered from is only acute edema type pancreas inflammation, seldom need surgery to treat .
8 days later, the roof beam is good and refined to recover and leave hospital. At that time, he only paid the medical fee of 3500 yuan, and refused to pay the back medical fee of 3138.14 yuan.
A relative of the roof beam tells reporters, they consult medical books find, as to the acute edema pancreatitic patient, clinical so long as examine the amylase content of blood in the blood, can make the accurate judgement, not needing to open the abdominal cavity to check, and it is easy to treat either, answer and choose to guard the scheme under most situations. And Liang JiaBin has suffered a knife in vain, nowadays appetite is obviously reduced, the weight is lightened, the wound will ache indistinctly when the weather changes, exerting oneself the intestines will also entangle and ache. Liang JiaBin was a strong labour originally, can only nowadays do some light work, the family economies were more and more short of money. They still ask about, one of operator and doctor Song of this operation is a Chinese medicine, do not possess the surgical qualification. What made the Liang 's gloomy most is, after they carry on negotiations with the hospital on claiming, doctor's order which the hospital provided, >>,There are obvious modification traces . The roof beam indicts the right hospital of river district well and refinedly, demand to compensate for 4460.30 yuan of loss such as medical fee, spiritual financial loss of 20,000 yuan.
As to the criticism of the Liang 's, the right river district hospital thinks, cut open the belly and ascertain to the roof beam well and refinedly the skill is correct, doctor open the intersection of belly and of him, find whom he suffer from acute edema type behind the pancreatitis, having cleared up the pancreas of necrosis to organize for him, sucks out of and oozes the liquid, irritates washing the belly, he can recover. So, the right river district hospital not only refuses to compensate, but also propose telling instead, require Liang JiaBin to pay the back medical fee.
Determine that thinks there is not the hospital by mistake
Lose a lawsuit in patient's first instance
Behind the right river district people's court accepts the case, trust wide Western medicine and learn to appraise the malpractice. Because the roof beam is good and refined in hospital some page numbers of the case history have presented the writing of some interpolation, the court trusts the public judicial expertise centre of Guangxi to appraise the writing again.
15 days of August of 2008, the conclusion must happen in the public judicial expertise centre of Guangxi, >>Have, originally only write " L The stomach excises the skill mostly " R Or " L The stomach cuts the skill big " ," + cut open the belly to ascertain " R Or " L Cut open the belly and ascertain the skill " R Added going up later, but unable to be confirmed to be adding it in the front, relatives signed in the front.
31 days of October of the same year, the wide Western medicine society appraised the conclusion: JiaBin Liang have, cut open belly, ascertain the intersection of surgery and indication, treatment and treat, accord with department of general surgery, make a diagnosis norm of hospital, do not form the malpractice.
Liang JiaBin does not agree with this expert's conclusion, the court entrusts the public judicial expertise centre of Guangxi to appraise again, draw the conclusion and does not think this hospital is careful enough to condition research, treatment before operation, the case history writes the norm incompletely. However, make a diagnosis the behavior has not caused life to damage the consequence to Liang JiaBin.
On March 2 of 2009, the right river district people's court will adjudiacate in the first instance, the ones that think the right river district hospital make a diagnosis the behavior has no fault, not causing Liang JiaBin's life to damage the consequence either, so reject his claims. The expenses that determine three times add up to 10010 yuan, is devided by Liang JiaBin and this hospital. Whether possess the surgical qualification in operating doctor Song, adjudiacate in the first instance and has not mentioned.
The expert's conclusion is negation
Last instance sentences the hospital to compensate
JiaBin Liang refuse to obey a trial, put forward the appeal to intermediate people's court of Baise.
The intermediate people's court of Baise finds out, hold for operator Liang's surgeon Song " L Chinese medicine " R Doctor practising certificate,and it is it clinical to possess implement by surgical qualification. The diagnosis that the hospital is initial to roof beam good refined condition is " L Acute gastric perforation " ,And find, what he suffered from is acute pancreatitis, misdiagnose it undoubtedly behind opening belly. In addition, Song's doctor's order, >>Have, the classification of operation that is filled in is each not the same, do not accord with the medical rules. Because hospital deliver to determine case history of department have great flaw, so expert's conclusion court refuses to adopt the letter. In addition, after Liang JiaBin is made and cuts open the belly operation by mistake, human organ and spirit are damaged, it is in the rule of civil Evidence in Litigation " L The fact well known " .
On January 13 this year, the intermediate court of Baise makes final judgement in view of the above, cancels and adjudiacates in the first instance, the right river district hospital compensates for good refined medical fee of roof beam, spirit to damage and conciliate gold altogether 8488 yuan.
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