Medical Law remittance 丨 After the dying of toothache liquid in pregnant women, the court judged 300,000 compensation for "top amount" in accordance with the appraisal opinion

Author: Medical Lawhui

Author: Medical Lawhui

Case Introduction

Patient Tianmou (female, 28 years old) went to the A hospital for more than 50 days due to the redness and swelling of the gums for a week, accompanied by neck pain, and menopause. In general, the whole mouth is red, 13-23 gums on the lip and palate side, gums on the side of the lip and palate, and gums on the side of the lip and palate, and the gums on the side of the lip and palate33-43 The gum hyperplasia on the side of the lips and tongue is obvious, and the texture is more crispy, and the hemorrhage is visited; the bilateral ear and the mumm area, the lower jaw area, and the pupae can touch multiple enlarged lymph nodes, the maximum of 3.0cm × 2.5cm × 2.0cm,The texture is medium, and the tension and opening type are acceptable.The preliminary diagnosis is the hyperplasia of the whole oral gums, lymphitis, and early pregnancy.The treatment opinions are: the private cause of the patient will be terminated in the near future. It is recommended that in good physical condition to perform full -mouth cleaning to maintain oral hygiene; artificial abortion, uncomfortable clinic.The patient Tian Mou immediately went to the clinic for treatment and informed the doctor that he was pregnant but he wanted to terminate the pregnancy.The toilet diagnosed Tianmou to mandibular lymphitis, periodontitis, and gingival inflammation, and gave patients Tianmou Akamine, vitamin C, vitamin B6, and metronidazole infusion.The second and third days are given the same drug treatment.At about 11:30 in the morning on the third day, the patient had discomfort during the infusion process. Stop the infusion in the toilet for about five minutes. After going out, he started vomiting and suddenly fainted.The patient died after the rescue of the rescue. The results of the corpse test were: the patient Tian Mou was acute myelor leukemia and caused extra -hymnic infiltration of multiple organs (brain, heart, lungs, etc.), causing respiratory and circulating functional death.

The judicial appraisal opinion believes that there is a certain error in the medical behavior of the patient Tian Mou’s medical behavior.20%-30%.There is a certain error in the medical behavior of the patient Tianmou. To a certain extent, the treatment of the patient has been delayed, and there is also a certain causal relationship with the patient’s death.It is 10%-20%.

Legal analysis

The case involves two medical institutions. Among them, Hospital A is a third -level hospital and a clinic is a grass -roots medical institution. The faults of the two hospitals in the case are more typical in medical disputes. The specific analysis is as follows:

For the Hospital A, according to the requirements of the first consultation system, as the first diagnosis hospital, it should be responsible for the patient Tian Mou’s diagnosis and treatment management. It should abide by professional ethics and conscientiously abide by the relevant laws and regulations, specifications, standards, and medical quality of the institution.The management system provides strictly abide by the core system of medical quality and safety, and achieves reasonable inspection, reasonable medication, and rational treatment to ensure medical quality and medical safety.A reasonable examination is to follow the relevant requirements of clinical diagnosis and treatment guidelines and clinical technical operation specifications, etc., and conduct diagnosis and treatment of patients. Through reasonable examination of behaviors to help the patient’s condition, make correct clinical diagnosis.In reasonable treatment, we can ensure the quality and medical safety of the medical treatment to a greater extent.In this case, Hospital A found that the patient’s lymph nodes and gum hyperplasia, bleeding and other manifestations were found. The above is a typical symptom of acute myeloid leukemia. As a three -level hospital, the Hospital A should have a corresponding understanding of the disease that may cause the diseases that may be possible.The A Hospital did not conduct the necessary identification diagnosis of the patient’s blood routine and coagulation function, and did not fulfill the corresponding attention obligations, which led to diagnosis and leakage.Essence

For the toilet, there are two mistakes: on the one hand, there are irregular drugs in the clinic.According to the "Regulations on the Management of Medical Institutions", medical institutions shall follow the principles of safe, effective, and economical medication, and follow the principles of drug clinical application guidance, clinical paths, clinical diagnosis and treatment guidelines, and drug instructions.The appropriateness of the doctor’s advice is reviewed.When Tianmou, the patient in this case, was told that the doctor was pregnant, and the patient’s self -disclosure would not be exempted from the doctor’s attention. On the contrary, the patient’s special constitution should cause the doctor’s’sHighly vigilant.The clinics in this case did not have a clinical examination of the patient’s routine. In the case of no routine test report, according to the clinical diagnosis of the superior hospital, they blindly infused with antibiotic drugs for patients and violated the medication specifications. To a certain extent, to a certain extentDelayed the treatment of patients, there are faults; on the other hand, the "Regulations on the Management of Medical Institutions" clearly stipulates: "Medical institutions must be registered, and" medical institution practice permits "must be performed."The person in charge, the diagnosis and treatment subjects, and the bed must be registered with the original registration authority. "" Any unit or individual, the "Practice License of the Medical Institution" must not be obtained, and cannot conduct diagnosis and treatment activities. "The registration of changes is illegal medicine. It can order the health administrative department of the people’s government at or above the county level or order it to stop practicing activities, confiscate illegal income and medicines and equipment, and can be fined less than 10,000 yuan according to the circumstances.In addition, its illegal medical behavior will also adversely affect the identification of its civil liability.

Court decision

The court also found out that the current practice location of the toilet has not obtained the "Practice License of Medical Institutions" without registered.The court believes that citizens’ life and health rights are protected by law.The defendant A and the Cingatiers had faults during the treatment of Tianmou, and the appraisal department identified the cause and treatment process of Tianmou’s death and treatment process.As the basis for identifying the second defendant to the patient’s death, the basis should be liable for compensation.Considering that the patient Tian Mou was younger and his son was younger, it did cause difficulties in the family life of the plaintiff. Therefore, the hospital determines the liability for the second defendant based on the upper limit of the judicial appraisal agency to the defendant’s responsibility.Essence

Legal tip

In this case, the court determines the liability of the second defendant in accordance with the limit within the scope of the judicial appraisal agency on the scope of the defendant’s responsibility.Nothing can make effective reasons for the admission opinion.The role of judicial appraisal opinions in medical dispute cases is undoubted, so understanding the impact of medical behavior standardization on medical error evaluation, and effective qualifications for appraisal opinions should be a must -have skill to handle medical disputes.

(This article is the original medical law, adapted according to real cases, and the privacy of the parties use a pseudonym.)

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