The old man swallows the denture by mistake and is seized children and claimed from hospital 18 ten thousand yuan

The old man swallows the denture by mistake and is seized children and claimed from hospital 18 ten thousand yuan
When a seriously ill old man is in hospital, a pair of dentures fitted in the mouth are swallowed with the food, stop up the throat, cause the old man to be unable to take food. Finally, old man's condition is aggravated and left for people generation. While cremating, the old man's relatives have found in the ash " L Missing " The dentures of 8 days. The old man's children think, father's death and denture enter body there are direct relations, the hospital has bounden responsibility, then lodge a complaint against hospital and claim 18 ten thousand yuan. Yesterday, this case of the court trial of the station of the west of district people's court of China of Kunming city five, defendant Kunming medical college second affiliated hospital ( Hereafter referred to as " L The elder brother encloses two institutes in medicine " ) Admit neglecting phenomena by oneself in court, but only wish to bear secondary responsibility.
Case cause
Find in the ash " L Missing " R Denture
On July 23, 2007, let the old man move in elder brother's medicine and enclose the second institute respiratory medicine and receive treatment due to illness, and accept 24 Guard hour. The second day, let the old man's children feed at supper to father, found suddenly the denture in father's mouth disappeared. According to father's gesture, the family that let infer, the denture may be slippery to fall in father's body. Later, it is gradually unable to take food to take the post as the old man, the condition was aggravated gradually.
Let the old man's condition worsen day by day, family find a doctor, ask to shine the denture of searching of X-ray. Required by relative, hospital give, let old man take X-ray with Ultrasonography B many times, tell relative find the denture in health of the patient no.
31 days of July, it is left that all rescue measures proved ineffectual people generation to take the post as the old man finally. Subsequently, take the post as the old man's corpse while cremating in the funeral parlor, " L Missing " R 8 the dentures of day,unexpectedly it find in letting at ash of old man.
It is this, relatives propose the query: Has the hospital checked many times? Why not find the denture? Bring doubt, let the old man's family begin to produce the query to father's death.
Family that let call, hospital, successively for let old man take 4 X-ray, why find one denture?
In August of 2008, the family that let will get to the hospital and demand to look over and seal the case history up for safekeeping. In the case history, the relatives find that present the mere shadow of a denture impressively on an X-ray photograph among them. This, family that let think, the hospital conceals the fact on purpose, the denture card enters father's gullet, make it continuous quite some time unable to take food, so that the condition further worsens, cause the death finally. On condition that consult many times and come to nothing, let the old man's children cure the elder brother to enclose two institutes to lodge a complaint, claim funeral expenses, spirit damage and conciliate gold, death damages etc. to add up to 18 ten thousand yuan.
Expert's conclusion
Doctors and patients both sides have fault
In order to further find out the accident reason, confirm doctors and patients' responsibility of both sides. Five courts of China have entrusted the judicial expertise centre to appraise, the testimonial is called: It has breaking rules and regulations, fact in violation of rules and regulations in the course of treating and curing and taking the post as the old man that the elder brother encloses two institutes in medicine, break out as to old patient chronic and getting obstructive repeatedly the intersection of lung and disease, the intersection of lung and worry and heart decline and have situation infected, there is higher mortality more, the false tooth (denture) appeared the next day in hospital Eat situation by mistake, although medical treatment operate cause directly, guard patients to in weight disease, the oral cavity attends to and gives the face guard and supports oxygen two times a day, do not find the disappearance of the false tooth. After patient relatives reflect, although the school has made chest one, belly CT and Ultrasonography B inspection, but fail to check the upper respiratory tract, dept. of radiology of the school leaks and examines (the situation not finding foreign matter) ,And the relevant doctor has not seen X one conscientiously either, therefore has not made corresponding checking and treating the measure.
Determine and then think, as to the critical patient of a piece of old age, the throat portion fails to be prompt to get rid of the false tooth, influence it to breathe as well as influence taking food, thus has accelerated the deterioration of the condition. So, the hospital side, to taking the post as some medical behaviors of the old man, existing and breaking rules and regulations and fault in violation of rules and regulations, with letting the death of the old man have cause and effect relations, should bear reciprocal responsibility.
" Throat portion reveal, have the intersection of denture and foreign matter obviously at slice, X of patient, will it be will it be 26, 30 day July 2007, the intersection of patient and throat department has dentures, its facial shape has already changed, influence is breathed effectively. " In the court's trial, two surveyors said while appearing in court to accept the court inquire yesterday, in letting the treatment of the old man, the hospital demands to give and lets the old man make trachea intubate to assist and treat, but suffered relatives' refusal. If relatives agreed to be in charge of inserting at that time, today's medical dispute would not take place. So, the dead relatives have certain fault. Two determines that is called, the reciprocal responsibility on the testimonial, original, defendant each side bears 50%.
The defendant replies
The hospital admits that there is carelessness in court
In the court's trial, defendant the intersection of elder brother and medicine enclose, reply, think hospital side to conceal denture of X in the chip on purpose by two institute, thought it was a factor outside slice while checking, so there is not a report. From the medical viewpoint, even found the denture in patient's body in time, also there is not a good method to treat in time, can not hold the chest and fetch the denture either according to patient's condition at that time.
In the court, the hospital side admits the denture is swallowed, the hospital has not found, really exist and neglect in time, would like to have consultations with relative on the fault part existing. The hospital side thinks, the real reason for taking the post as the old man's death results from development of one's own disease, so smooth that the strategic passage portion does not fall with the denture, though, let the old man's denture swallowed and retained in the throat portion, adjust the intersection of face guard and pressure, wait for, treat, influence, keep in touch with function while being a series of through hospital.
Court mediation
The dead relatives reduce the amount of claim
When court's organization mediates, the relatives of the dead, according to the reciprocal responsibility on the testimonial, agree to reduce the amount of money of compensation, require the elder brother enclose two institutes and compensate for 10 ten thousand yuan in medicine, but the hospital side has put forward the objection to the testimonial, think they should only bear secondary responsibility, disagree with compensating for 10 ten thousand yuan. Because the difference of both sides is relatively great, the court mediation fails. (City Evening reporter Bai LiCheng in spring )
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