Not agreed to excise patient's ovary The hospital only bears slight responsibility

Not agreed to excise patient's ovary The hospital only bears slight responsibility
Not agreed to excise patient's ovary The hospital only bears slight responsibility
Citizens Ms. Wangs find cyst because of the left ovary, the doctor implements the ovarian operation without authorization, Ms. Wang stopped period continuously hereafter. The result that the malpractice appraises, the hospital only bears slight responsibility. Ms. Wang thinks, the appraisal organization shirks the heavy work and chooses the light while appraised, it is objective and fairness should be queried. On June 23, the reporter interviews the medical lawsuit so together. The details of the case reviews Ms. Wang and presents water accumulation 2 months ago because of dual side oviducts, choose the treatment of one hospital of Shenyang. During the course of observing in hospital, the hospital implements skill of having a facelift of the oviduct under the oviducal water accumulation peritoneoscope of one pair of sides for her, find Ms. Wang's left oviduct and has not seen in the operation that unusual, oviduct exists unusually on the right side, the left ovary has 2* 2 centimetres of little under cyst. At that time, doctors had not authorized by the patient and patient client, had excised the skill to the patient's left ovarian cyst, other normal tissues of left ovary are excised together too. Ms. Wang's postoperative left ovary disappears, and totally lose normal pregnant age women's sex physiological cycle, lasting menopause. For this reason, Ms. Wang found the hospital and demanded to give an explanation many times. The hospital thinks, diagnosis and operation way are correct, but perform the operation the voluntary book has clerical mistakes, propose for economic compensation according to slight responsibility. Ms. Wang thinks this is a serious malpractice, prosecute the hospital to the peaceful district people's court. Appraise twice: The hospital bears slight responsibility and applies by the hospital, the court trusts the medical association of Shenyang to appraise the malpractice. The expert determines opinion and expert's conclusion of the group are: Ascertain in the skill that finds the ovarian cyst of left, it doesn't violate the medical principle to excise the skill; The left ovary of postoperative ultrasonic suggestion has not revealed, can't be regarded as the basis that the left ovary disappear. Future trouble person's period of the skill is rare to take place, not getting rid of and relating to operation wound, but there are more rare influence factors that takes place of period. Medical treatment determines that is thought, the hospital has the following faults: Can't tell concretely, not detailed before the skill; Find the ovarian cyst of left in the skill, has not obtained consent of patient before excising, has not performed duty of telling, have influenced the patient's right to choose in the know. Fault and the patient's consequence of the hospital have causality, it is the moderate breeze malpractice, the hospital bears slight responsibility. Ms. Wang does not agree with expert's conclusion of the medical association of Shenyang, gets the medical association of Liaoning Province to appraise again, and determine the result is essentially identical with the first time for the second time. Doctor's view: Excising the improper influence to this operation so, the reporter interviews a professional doctor. This doctor has discussed one's own view: The woman loses an ovary, can still have period and pregnant normally. But if is that he does this operation, it is sure not to excise the patient's left ovary easily, because the intersection of right side and oviduct of patient exist unusual, may influence to wear bed ovum. Excise an ovary, and the other side oviduct is unusual, may then influence patient's pregnancy in the future. This doctor says, have clinically to Ms. Wang this plants the situation, generally take and guard the therapeutic way, that is to keep the left ovary as much as possible, will so help Ms. Wang's pregnancy to bear. Court's judgement: The hospital bears 30% of the responsibility In the court's trial, Ms. Wang says, the ovary is extremely important to the woman, the hospital has infringed right of her life and health seriously. Her health changes and melts a lot, brings the enormous agony to her after the operation, have caused the tremendous influence physically and mentally. The attitude of the hospital makes her very difficult to accept. Put forward to hospital " Would like to offer economic compensation according to slight responsibility " Statement,think Wang Ms. this state by hospital exactly last one's own accident behavior already. The school thinks, choose operation way to be correct, have already explained operation way to Ms. Wang. The school acknowledges there are clerical mistakes in the voluntary book of operation, and think the clerical mistake is the not medical behavior, can't determine the nature accident in view of the above. The court thinks, is appraised by medical association and medical association of Liaoning Province of Shenyang, think amenorrhea reasons of Ms. Wang are in many aspects, the defendant's medical behavior forms the moderate breeze malpractice, the hospital bears slight responsibility, so hospital have fault in course of treatment, menoxenia and amenorrhea of Ms. Wang unable exclusion whether medical behavior of defendant cause. Because the defendant bears slight responsibility in this accident, should bear 30% of the compensation responsibility. Medical treatment is appraised: " one of own side appraises one of own side " ? Mainly examine a judge to tell reporters, the medical association seems to be neutrality, but its normal operation should still depend on the support that the health care is, may have countless connections with the hospital. The medical association can't offend the health care system, meanwhile, the expert in the medical association, all doctors from health care system, though can avoid each other when determining, but between the experts and expert and familiar with each other between every large hospital, there is a kind of tacit tacit understanding. The expert's conclusion produced under this kind of environment, its fairness may be influenced. In addition, the legal liability about the surveyor stipulates generally, do not have practicality, it bears some responsibility for the expert's conclusion to cause appraisal organization and surveyor. Ms. Wang can be normal and pregnant before going to a doctor, narrate period rarely and take place after the operation, it has been unable to be pregnant all the time. As to this, medical the expert in proposing in the probation report reasons are many, without further explanation, are suspected of shirking the heavy work and choosing the light. But because the medical field is a field with extremely strong professional lines, the judge is unable to judge the malpractice, assert only according to the expert's conclusion. This case has raised the responsibility proportion that the hospital bears appropriately according to the actual conditions of the case during judgement, if totally appraise the result according to medical treatment, I'm afraid that can not still reach 30% of the compensation responsibility. The relevant person thinks, in order to solve " one of own side appraises one of own side " Drawback,last qualification system, set up unified expert's storehouse nationwide, the court confirms that appraises expert panel members at random, guarantee what medical treatment is appraised is fair and just. The plum day single sonorous stone reporter of the staff reporter Yang Kun


|