Return Case ListInfringement Compensation

In a medical product liability dispute in Fujian, the court ruled that the medical device manufacturer and the hospital must compensate the patient for various losses totaling 38 ten thousand yuan.

Case Summary

In 2023 year 6 month, plaintiff Wang underwent surgery at Defendant Xiamen [Hospital Name] for a fracture and received internal fixation plates manufactured by Defendant [Medical Device Company]. 3 months post-surgery, the plaintiff experienced pain and limited mobility in the affected area. Examination revealed that the implanted plate had fractured, necessitating a second surgery to replace it. The plaintiff was hospitalized for 30 days, incurring medical expenses of 12 ten thousand yuan. Testing confirmed that the implanted plate contained material quality defects and failed to meet mandatory national standards, directly causing the fracture. The plaintiff filed suit against Defendant [Medical Device Company] and Defendant [Hospital Name], seeking compensation totaling 38 ten thousand yuan for medical costs, lost wages, nursing fees, transportation expenses, meal allowances during hospitalization, nutritional support, disability compensation, and mental anguish damages.

Key Dispute

1.Is there a quality defect with the implanted steel plate?
2.Should the defendant medical device company be held liable for product liability?
3.Should the defendant hospital be held jointly and severally liable for compensation?
4.Are the claimed damages reasonable?

Case Strategy

1.Fixed core evidence: medical device purchase receipts, product quality inspection reports, hospital medical records, medical expense invoices, discharge summaries, judicial appraisal opinions, lost wage certificates, and nursing fee invoices.
2.Evidence demonstrates that the implanted steel plate has material quality defects and fails to meet mandatory national standards, which is the direct cause of the fracture.
3.Demonstrate that, pursuant to the Civil Code, a producer shall bear tort liability for damage caused to others by defects in its products; therefore, the defendant medical device company shall be held product liable.
4.As a seller, the defendant hospital shall bear tort liability if it cannot identify the manufacturer or supplier of the defective product.
5.Calculate the plaintiff's claimed losses: medical expenses 12 ten thousand yuan, lost wages 6 ten thousand yuan, nursing fees 0.6 ten thousand yuan, transportation costs 0.3 ten thousand yuan, hospital food allowance 0.3 ten thousand yuan, nutritional fees 0.6 ten thousand yuan, disability compensation 12 ten thousand yuan, and mental distress damages 6 ten thousand yuan. Total: 37.8 ten thousand yuan. The plaintiff's claim of 38 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant medical device company shall compensate the plaintiff, Wang, for various losses totaling 38 ten thousand yuan within ten days from the effective date of this judgment; the defendant Xiamen hospital shall bear joint and several liability for compensation; both defendants shall bear all litigation and appraisal costs of this case.

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