Built-in steel nails of patient's operation rupture in succession half a year later Indict the hospital and obtain compensation

Built-in steel nails of patient's operation rupture in succession half a year later Indict the hospital and obtain compensation
Built-in steel nails of patient's operation rupture in succession half a year later Indict the hospital and obtain compensation
It cost nearly 40,000 yuan to accept waist vertebra roll over the operation, two built-in fixed steel nails rupture in succession half a year later, fractured the place to fracture again originally two years later. Jinan villager Wu brave(assumed name) Lasting six years insists on prosecuting the hospital, obtain more than 36,000 yuan of compensation finally. Will it be April 25 2003, Jinan go through the intersection of urban area and second villager of palace town brave Wu (assumed name) Because it is wounded to fall and accept a provincial hospital " The waist vertebra rolls over and cuts reducing pressure and inner fixation " ,Hospital it puts two fixed steel to be wonderful with 4 fixed steel nails bravely for Wu, medical fee total costs nearly 40,000 yuan. Operation only half a year and the will it be October 23 2003, Yong Wu reach hospital check fixed steel nail taken rupture one find; Will it be June 5 2004, fixed steel nail rupture one find, again; On May 18, 2005, checked to find original fracture was fractured again, the inner fixed steel nail ruptured. Wu Yong is in paraplegia state for a long time. In July of 2006, after Wu spent more than 6,000 yuan making the operation and taking out the steel nail rupturing bravely, the hospital tell that goes to the court to the calendar to perform the operation, require the medical compensation for damage. The medical association of Jinan makes the technical appraisement of the malpractice: The hospital diagnoses in the course correctly and treating aptly the making a diagnosis of Wu Yong, there is no act of violating regulations in violation of rules and regulations, plaintiff whether the intersection of chest and the intersection of waist and a vertebra damage and rotate and return naturally in paraplegia, the inner fixed thing is rolled over and decreased(the vertebra frog is nailed and ruptured) It is comparatively common complication of operation because it is improper not to perform the operation. Plaintiff's function obstacle and defendant's medical behavior of the hospital have no causality, do not form the malpractice. Wu Yong does not agree with this, puts forward the medical fault and appraises the application. And the intersection of qualification and opinion judicial expertise provide, assert brave the intersection of paraplegia and consequence Wu relate to medical behavior of the hospital according to enough still. This case goes through and goes to the court, Jinan intermediate people's court to hold a hearing publicly for several times. The court thinks, the dispute case of medical compensation for damage, the burden of proof is inverted finally, sector standard and date of production of the fixed steel nail in because the hospital can not offer, it is unable to carry on quality appraisal to result in appraising the department, the unfavorable consequence should be undertaken by the defendant; Meanwhile, steel nail fracture reason numerous, but plaintiff unable to form bedsore movably for a long time behind the brave surgery Wu, should get rid of until plaintiff improper to move or shoulder a heavy task etc., lead to the fact the steel nail to rupture in oneself. It was to import the stencil plate of steel nail abroad that the patient chose surgery, the original idea seeks better treatment apparatus, but half year after the operation take place it is the intersection of plaintiff and steel nail of reason that rupture, determine twice that although does not support the steel nail to rupture and relate to operation, but unable to exclude from the fracture that cause because of one's own quality of the apparatus. Loss of plaintiff should undertake by defendant, adjudge hospital compensate brave medical fee Wu more than 36,000 yuan. (Reporter Liao Wen's tip reporter's the Liu 's studies dawn)


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