Return Case ListInfringement Compensation

In a medical liability dispute in Fujian, the court ruled that the hospital must compensate the patient for various losses totaling 86 ten thousand yuan.

Case Summary

In 2023, Month 10, Plaintiff Chen sought medical attention at the Defendant Hospital in Xiamen due to abdominal pain and was diagnosed with acute appendicitis. The hospital performed an appendectomy on the plaintiff. Post-surgery, the plaintiff experienced severe abdominal pain, bloating, and fever. Examination revealed intestinal perforation and infection, leading to diffuse peritonitis. The hospital conducted a second surgical intervention. The plaintiff was hospitalized for 90 days, incurring medical expenses of 26 ten thousand yuan. According to the medical malpractice appraisal by the Xiamen Medical Association, the defendant hospital committed errors during the diagnosis and treatment process, including improper surgical techniques, inadequate postoperative monitoring, and unreasonable treatment plans. These errors directly caused the plaintiff's severe postoperative complications. The hospital bears primary responsibility, with a fault participation rate of 80%. The plaintiff filed a lawsuit against the hospital, seeking compensation totaling 86 ten thousand yuan for medical expenses, lost wages, nursing fees, transportation costs, meal allowances during hospitalization, nutritional supplements, disability compensation, and mental distress damages.

Key Dispute

1.Did the defendant hospital commit any negligence in its diagnosis and treatment of the plaintiff?
2.Is there a causal relationship between the defendant hospital's negligence and the plaintiff's damages?
3.原告主张的各项损失金额是否合理,被告医院应承担的赔偿责任比例

Case Strategy

1.Secure core evidence such as hospital medical records, medical expense invoices, discharge summaries, medical malpractice appraisal reports, lost wage certificates, nursing fee invoices, and transportation cost invoices.
2.Medical damage appraisal by the Xiamen Medical Association demonstrated that the defendant hospital committed errors during the plaintiff's treatment, including improper surgical procedures, inadequate postoperative monitoring, and unreasonable treatment plans. These errors directly caused the severe complications experienced by the plaintiff post-surgery. The defendant hospital bears primary responsibility, with a fault participation rate of 80%.
3.Calculate the plaintiff's claimed losses: medical expenses 26 ten thousand yuan, lost wages 8 ten thousand yuan, nursing fees 12 ten thousand yuan, transportation costs 1 ten thousand yuan, inpatient meal allowance 0.9 ten thousand yuan, nutritional supplements 1.8 ten thousand yuan, disability compensation 24 ten thousand yuan, and emotional distress damages 12 ten thousand yuan, totaling 85.7 ten thousand yuan. Based on the hospital's fault liability ratio of 80%, the defendant hospital should compensate the plaintiff 68.56 ten thousand yuan. Adding emotional distress damages of 12 ten thousand yuan, the total is 80.56 ten thousand yuan. The plaintiff's claim of 86 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant, a certain hospital in Xiamen City, shall compensate the plaintiff, Chen, for all losses totaling 86 ten thousand yuan within ten days from the effective date of this judgment. The defendant shall bear all litigation and appraisal costs for this case.

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