The operation fails and cannot help but excises the ovarian patient's claim

The operation fails and cannot help but excises the ovarian patient's claim
The operation fails and cannot help but excises the ovarian patient's claim
Wu Tao's content summary: Ms. Lin of Hong Kong creates the uterus operation a little in Shenzhen Friendship Hospital, transfer to and open uterectomy of belly again the skill. But the Lin 's thinks, because Friendship Hospital makes the fake to the case history to cause the medical association not to accept the malpractice to appraise, it is totally hospital's fault, should bear all consequences. Ms. Lin of Hong Kong creates the uterus operation a little in Shenzhen Friendship Hospital, transfer to and open uterectomy of belly again the skill. Who knows the operation fails, Ms. Lin has to excise one pair of sides oviduct and ovary in Hong Kong having no choice. She lodge a complaint against Friendship Hospital, claim medical fee, delay work fee,etc. add up to 70 over ten thousand yuan. Feitian court adjudiacate in the first instance Friendship Hospital bear all the intersection of compensation and responsibility, compensate the intersection of Ms. and the intersection of RMB and 52 over yuan Wan Lin for, Hongkong dollar is more than 8 ten thousand yuan. The hospital appealed against, this case opened a court session in the second instance of the intermediate court of Shenzhen yesterday. Indict the hospital and claim 70 over ten thousand yuan In June of 2005, Ms. Lin was diagnosed as uterus skin tumour, uterus skin adenopathy by the clinic of Shenzhen Friendship Hospital. On July 18, Ms. Lin reaches the hospital treatment of this courtyard, is admitted to hospital and diagnosed as the uterus skin gland, continues taking place anaemia. July 19, Friendship Hospital carry on abdominal cavity create uterus time, all cut the skill a little for forest, but transferred to and opened uterectomy of belly the skill. On July 23, Ms. Lin leaves hospital. Leave hospital, the intersection of Ms. and condition Lin take a favorable turn, form, accumulate liquid and make piece gradually in pelvis instead, she successively reached several large hospital treatments of Guangdong, is told surgery failed. On May 21, 2008, because is serious, Ms. Lin spread the hospital operation in the Hong Kong holy morality rib to excise one pair of sides oviduct and ovary. " medico-legal judicial expertise opinion book " provided by judicial expertise, dual side ovaries, oviducts of Ms. Lin lack the part of the palace to excise, the wounded or disabled grade is tertiary, six grades, nine grades. But Friendship Hospital evades responsibility constantly, and revise, forge the case history. Ms. Lin thinks, the behavior of Friendship Hospital causes the great injury to her body and mind, so a copy of pleadings lodges a complaint against this institute, require it compensate for including not medical fee, delay work fee, the intersection of nutrition and fee, the intersection of disabled person and the intersection of life and allowance,etc. add up to RMB 66 over yuan Wan, Hongkong dollar is more than 8 ten thousand yuan. The hospital forges materials defendant's Shenzhen Friendship Hospital of case history to think, Ms. Lin has already really known after the operation that symptom appears, both sides had already consulted and signed the medical fee part to return the agreement in May of 2006, had agreed on this institute to no longer bear any responsibility on this. Institute this think Ms. Lin carry on uterus skin gland time excise, appear pelvis accumulate liquid, cause of complication while being postoperative all, performing the operation and failing causes. And then the forest excises one pair of sides oviduct and ovary in Hong Kong, have nothing to do with this institute. However, according to the administrative written decision for punishment which Shenzhen Municipal Health Bureau provides in 2007, it makes Liu of operation to be these institute doctor in doctor in the people for Ms. Lin, this measure violates the relevant regulation, warn Friendship Hospital. Appraised reply letters provided according to the hygiene of Shenzhen of the same year, Friendship Hospital invited Liu the people to hold a consultation, beyond the scope of operation, have already ordered Friendship Hospital to rectify and improve. In addition, according to the reply that Shenzhen Municipal Health Bureau provides of March of 2008, because Friendship Hospital manages improperly, confused, cause some case histories of Ms. Lin to lose, this institute has made up some untrue case histories, form the illegal activities of forging the case history materials. One the intersection of trial and hospital compensate 60 over Wan The first instance of Feitian court thinks, the infringement lawsuit caused by medical behavior, the medical organization undertakes the corresponding burden of proof. In this case, because Shenzhen Friendship Hospital loses Ms. Lin's primitive case history materials, and made up some untrue case history materials, the medical association of Shenzhen stops carrying on the technical appraisement of the malpractice, while causing and seeking medical advice to Ms. Lin, Friendship Hospital has a medical negligent act, and have causality between medical behavior and damage result of the forest, it is unable to assert. So the consequence that Friendship Hospital should be undertaken and can't put to the proofed, bear all compensation responsibility. Court adjudiacate in the first instance Friendship Hospital compensate Ms. including medical fee Lin for, delay work fee, the intersection of nutrition and fee add up to RMB 52 over yuan Wan inside, Hongkong dollar is more than 8 ten thousand yuan. Because refuses to obey and adjudiacates in the first instance, Friendship Hospital lodges a appeal while mediating and having big difference in second instance. While opening a court session yesterday, lady appeared in court in the forest, and one party of Friendship Hospital appeared in court for the agent. One party of Friendship Hospital does not think dual side oviduct and ovary of the forest were excised by the operation of Friendship Hospital, no evidence proves it is the consequence that the medical fault of this hospital causes. Ask the court to trust the appraisal organization to do causality and appraise to the case history in the Hong Kong hospital of forest. But the Lin 's thinks, because Friendship Hospital makes the fake to the case history to cause the medical association not to accept the malpractice to appraise, it is totally hospital's fault, should bear all consequences. The judge has organized mediating subsequently, both sides express willingness to mediate, but have big difference on the amount of compensation, reach an agreement opinion. After the court's trial, Ms. Lin tells reporters, since the ovarian uterus is excised, her health was influenced much in the past few years, often had a stomachache, quited the work long ago, recuperate at home, has never stopped complaining to the Ministry of Health too during these years.


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