The high school student becomes vegetables after being hospitalized for treatment because of the water accumulation of lung

The high school student becomes vegetables after being hospitalized for treatment because of the water accumulation of lung
The high school student becomes vegetables after being hospitalized for treatment because of the water accumulation of lung
"We ask the court to adjudge the defendant hospital and bear responsibility, compensate "It is wished that it is small (assumed name) Parents at court at state it wipe tears. Recently, the people's court of Changji of Xinjiang adjudiacates in the first instance, sentences to making Hui Autonomous Prefecture of Changji the People's Hospital of Xinjiang bear 50% of the financial responsibility, compensate for and wish more than 440,000 yuan of all kinds of economic losses small. The fourth middle school student in Senior three of Hui Autonomous Prefecture of Changji of Xinjiang is young while wishing that participates in the physical examination of the school, found the lung that there is water accumulation, move in Changji state the People's Hospital on May 10 of 2009, implement the closing unobstructed operation of drainage tube of left thorax, and then implement operation for appendicitis again. Later wished the lasting high fever not to retreat small. May 21, the People's Hospital, state of Changji, with little to wish, suffer from left tuberculosis pleurisy, shift he to this institute the intersection of infectious disease department and treatment. May 27, institute this, again for being light to wish the intersection of thorax and drainage of closing etc. implement, but small to wish, present, breathe and heartbeat park clinical symptom sharply, the hospital recovers etc. and deals with for its heart and lungs immediately, and change over to ICU and continue treating, to little to may mothers to issue the critically ill notice at the same time. On October 9, the hospital provides and diagnoses the conclusion: It is postoperative for heart and lungs to recover, little to wish, enter the intersection of vegetable and state, it is little to may that leave hospital for school to require. At present, wish that still maintains the life in the hospital by importing the food small, treat the measure to already stop. In May of 2010, the medical association of Changji state of Xinjiang will make the technical appraisement of the malpractice, the expert's conclusion does not think this case is a malpractice. The little parents that wish do not approve of this expert's conclusion. And then trust Xinjiang to cure judicial expertise to appraise newly by the people's court of Changji, expert's conclusion think to might appear serious complication go on, fully tell to the intersection of disease and relative while being postoperative hospital, having violated and told the obligation, have infringed and suffered from square right of being in know and right to choose. In attend to in the course while being postoperative, predict for serious complication that may might appear insufficient school, have not tried corresponding attention obligation,etc.. So the medical fault behavior and wishing that certain indirect causality exist between vegetable's state at present small of the school. The first instance court thinks, in the letter of consent in the know of operation on May 27 of 2009 after trying, see hospital to little to wish, carry on operation might cause serious complication make essential explanation. Meanwhile, the hospital may present the operation there is negligence on the foresight of the serious complication, not trying corresponding telling the obligation, there is fault in the course of treating, infringe small right of being in know that wishes and right to choose, have violated law, administrative statute, rule and other normal regulations about making a diagnosis, cause the damage to the patient, the medical organization should bear compensation responsibility. In order to protect patient's health right, the economic losses that the school should bear 50% of patient are comparatively rational, court make judgement then, the People's Hospital compensate for little to wish medical fee and wounded or disabled damages, spirit conciliate King,etc. add up to more than 440,000 yuan by the intersection of Changji and state. As far as reporter know, after the pronouncement of the first instance of this case, original, defendant both sides refuse to obey and lodge a appeal, the intermediate people's court of Changji state of Xinjiang will try this case recently. (Pan CongWu)


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