Patient's death The hospital fails to offer the intact case history to sentence to compensate more than 500 000

Patient's death The hospital fails to offer the intact case history to sentence to compensate more than 500,000
Patient's death The hospital fails to offer the intact case history to sentence to compensate more than 500,000
The unusual state that the patient happens suddenly in the course of treating and curing a low blood potassium patient of the hospital that the leaf is collected, transferred from one hospital to another and died after all rescue measures proved ineffectual. Relatives of the dead and leaf collected the thing of the hospital and took place and reached an agreement at that time, the hospital compensated the relatives of the dead for more than 500,000 yuan, and pay 250,000 live, the remaining part is assured by the local health bureau. Recently, patient's relative sues and asks for the left fund, but the hospital mentions that countercharging will ask for 250,000 paid. The case asserts through the Huo 's' first instance the hospital has fault, the judgement hospital presses the compensation in full of agreement, the health bureau needs to fulfil in accordance with the law civilly and assure the obligation. Low unexpected will it be August 14 last year such as death such as patient such as potassium such as blood, leaf collect some physical discomfort particularly of man, come to the nearby clinic to see the doctor by oneself. Yuan, doctor of clinic, has mended 20 ml of potassium to he while carrying on infusion for him. During the infusion, some has no anomaly particularly. In the afternoon, some is while accepting the clothes in the courtyard at home particularly, the unexpected both legs feel like jelly and fall over, family some send leaf to collect hospital treat and cure particularly. Hospital make a definite diagnosis of particularly to low blood potassium disease when suffering from some,immediately until some last potassium and oral administration and last potassium infusion particularly, guard the electricity of heart at the same time. 3 minutes later, some unexpected cramp of limbs particularly, the medical worker rescues immediately, the rescue course has lasted about about 10 minutes, because come to naught, one household demands to transfer to the hospital of higher level and rescue particularly. Hospital send medical personnel no city the People's Hospital will be fitted in company with going six. At 05 past 19 at that night, some died after all rescue measures proved ineffectual particularly. It by some die on the that night,family of it and hospital last dispute, once to the request coming to deal with the leadership of related departments of this and propose sealing some case up for safekeeping particularly that night such as president such as institute, but because some relatives were not present particularly at that time, the case has not been sealed up for safekeeping. Under the coordination of units such as the bureau of justice, local police station,etc. 4 days later, relatives of the dead and the hospital, health bureau reach the agreement on compensating for matters. Agree on agreement,after the authoritative organization appraises,if hospital death for particularly some fully responsible for, the hospital compensates for 506475.5 yuan, the hospital pays for expenses of 250000 yuan such as the funeral,etc. first in advance, left fund is tendered guarantee by the health bureau; On the basis of total value of 506475.5 yuan, examine report and malpractice responsibility according to the corpse and assert that confirms proportion and number that both sides bear the responsible for paying an indemnity. Case history incomplete to determine, stop August 27 in the same year, organize by health bureau the intersection of doctors and patients and both sides, transfer relevant material to, set up the medical association of city to go on the technical appraisement of the malpractice 6 times. Because the integrality of qualification material which the right hospital of the relatives of the dead submits holds differing views, six Ann medical association contacts health bureau, requires the integrality of the case materials offered to the hospital to prove, the health bureau has not offered the identification, six Ann medical association turns towards doctors and patients both sides and health bureau and sends out and suspends organizing the technical appraisement letter of the malpractice twice. The relatives of the dead think, it is that the hospital do it intentionally that the case history materials are incomplete, the purpose is to cause the malpractice to determine the procedure stops, attempt to shirk responsibility, then bring a suit before court and ask for the left fund of the agreement originally. During the hospital countercharges wanting the money and is dismissed to put to the proof, the defendant hospital mentions and countercharges, demand to confirm the medical behavior of this institute and some death have no causality particularly; Confirm the compensation agreement that both sides signed is invalid; And sentence to making the relatives of the dead return this institute and pay for the fund of 250,000 yuan first. Court think both sides some compensation signed to die agreement legal and effective particularly, in the course of fulfilling,because hospital last case regulation,case of leading to the fact there are undeterminable on the authenticity, integralities of the materials, cause the technical appraisement procedure of the malpractice to stop, causes the accident responsibility is undeterminables, infer hospital until some make a diagnosis the behavior have fault, should bear compensation responsibility particularly in accordance with the law. According to the relevant regulation of Assurance Law, the health bureau should bear corresponding civil liability. Then adjudge: Leaf collect hospital compensate some the intersection of relative and every loss 506475.5 particularly for, than except that paid for 250,000 yuan more already, leave surplus 256475.5 yuan to pay off in ten days after coming into force in judgement. (Wang DongMei square honour, Business of Anhui, just)


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