pregnant woman hospital produces the son and drops the claim of hemiplegia Case history distort

January 18, 2009 – 12:00 am

The pregnant woman living in Baoan of our city visits ladies in the production of healthcare hospital for women & children in the district of Baoan, do not want to present papule and erythema in various degree on a pair of upper limbs of postpartum the next day, develop into bubble and even fester even more subsequently, the brain of temporal lobe of left volume happens to block up finally, cause hemiplegia of right side, lose the ability to work.

Swim lady’s husband Mr. Shi lodges a complaint against hospital for the wife. Last December, the court of Baoan adjudiacated in the first instance, inferred the defendant’s medical behavior formed the malpractice, the defendant bears complete responsibility, visit various losses 490191 such as women deformity life allowance in school’s compensation of the judgement. 65 yuan. The healthcare hospital for women & children of Baoan district does not agree with this judgement and put forward appeal. Yesterday afternoon, the intermediate court of the city opened a court session and made second trial to this case.

, produce hospital son drop hemiplegia of ‘ /STRONG>

Bright according to an examination, on June 29, 2004, visited ladies and moved in the healthcare hospital for women & children of Baoan district because of gestation, and is anaesthetizing and falling and cutting open the palace to produce at 30 past 12 on the same day, give birth to a healthy boy baby at 58 past 12. Visit women operation every physiological index genus normal, check by hospital all physiological index take place any unusually change either while being postoperative. In front of the skill, skill and postoperative, to visit lady go on a large amount of infusion and medication continuously hospital, postoperative the next day, swam a pair of upper limbs of lady presented papule and erythema in various degree, and is infected with symptom with generating heat etc., swim lady and her husband reflect this situation to the defendant’s medical personnel in time, visit red swelling of large area of place such as a pair of upper limbs, armpit, both shoulders of lady, bubble appears even fester a few days later. Through visit lady numerous urgency, healthcare hospital for women & children, district of Baoan, give, go on, hold a consultation by dept. of dermatology by the People’s Hospital by district to Baoan plaintiff on July 5, later, visited ladies and continued receiving treatment in the healthcare hospital for women & children in the district of Baoan.

At about 40 past 7 on July 10, 2004, visit ladies and fall in a swoon in the ward suddenly, can’t speak, sight is dull, the look is indifferent, four limbs can’t move, husband Mr. Shi tells the hospital immediately after finding, the doctor arrives after 20 minutes, after carrying on the infusion and injecting, the situation still disappears and takes a favorable turn. Until 30 minute past 15, the hospital arrange for, visit Ms., go on CT check, the result blocks up for the brain of temporal lobe of left volume. The healthcare hospital for women & children of Baoan district will visit ladies and send first the People’s Hospital of market to continue treating at 18 o’clock at that night. Visit ladies in 18 days for first the People’s Hospital of market treatment, hemiplegia of right side now, the words are unclear, lose the ability to work completely, can not take care of oneself. Through wounded or disabled grade of appraising and swimming lady being permanent disability of a moderate breeze and a ten grades of permanent disability.

hospitals subscribed in first instance

The district people’s court of Baoan thinks, on July 10, 2004, the plaintiff’s husband put forward the requirement of copying case history through trying, the defendant requires the identity relation between its identification and plaintiff, the defendant’s behavior obviously belongs to and places obstacles to the requirement that the patient copies the case history. Though the defendant offered the case history to the plaintiff after July 12, 2004, the plaintiff copied the case history, but the defendant can’t prove that has not distorted the case history within this period of time by oneself, so the case history offered by it can’t already be regarded as the original evidence.

This case malpractice compensation for damage dispute, hospital form malpractice and have medical fault responsible for putting to medical behavior to the proof at the problem. Though the expert’s conclusion is thought the defendant making a diagnosis to the plaintiff the behavior does not form the malpractice, but because the case history that this expert’s conclusion bases on is not a primitive case history, thus cause this expert’s conclusion not to be picked the letter, so can’t assert the defendant’s medical behavior does not form the malpractice. This case should be dealt with according to the situation that the defendant can’t put to the proof, the defendant can’t prove its medical behavior does not form the malpractice as the hospital, should bear the unfavorable lawsuit consequence, our institute infers the defendant’s medical behavior forms the malpractice, the defendant bears complete responsibility.

case history distorting second instance focus

Have not mainly copied the case history for the plaintiff in time on the basis of the hospital because of adjudiacating in the first instance, it can’t be to lose a lawsuit to regard as and put to the proof. So in the second instance at yesterday opens a court session, the hospital had not had bases to copy the case history for the patient in time, and whether the case history copied later exists and distorts, become the focus that both sides crossed verbal swords.

Healthcare hospital for women & children of Baoan district, as the appellant thinks, on July 10, 2004, when husband Mr. Shi who visits lady proposes copying the case history, the hospital has not agreed that there is the reason. According to the relevant regulations of Ministry of Public Health, the patient has the right to copy some case history materials, but should fulfil the essential procedure, if the patient has capacity, copies according to the personal ID card, the agent must have relation identification, household register or ID card. When Mr. Shi proposes copying the requirement on July 10, because the procedure is not complete, it is copied that the hospital has not let, agree on July 12 it is copied through examining and approving after the procedure is complete.

To this statement of the hospital, husband and lawyer who visits lady obviously can’t agree. They think, in visit lady in hospital, husband its Mr. Shi accompany and attend to and sign as relative, and the hospital has never required it to offer the relation to prove, but put forward when copying a case history, obviously place obstacles. They still think at the same time, the primitive case history yet of case history which they copied after two days, obviously there is a trace distorted inside, the hospital should be fully responsible for the current situation which visit lady.

At present, this case is still in further trying.

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