Xie, 53, of Yibin, Sichuan Province, had a bad experience two months ago. The tumor that operation achieves half check-up to come out unexpectedly did not have, got a knife in vain, how to return a responsibility after all? Can the tumor in the body still disappear, follow Xiaobian to see what's going on?
Physical examination of 'tumor'
Confirm no tumor during operation
Ms. Xie has been working in Guangzhou. On February 23, this year, she went home to celebrate the new year, and was taken to the third people's Hospital of Yibin City by her daughter, Miss Fan.
According to the "preoperative discussion record" provided by Miss Fan to reporters:
The mixed echo mass in the pelvis (teratoma to be discharged) should be treated by operation. Later, the outpatient department received obstetrics and Gynecology treatment with teratoma. The opinions after discussion were: 'pelvic mass & gt; 5cm, unknown in nature and source, with surgical indications. And the patient's medical record shows: 'the differential diagnosis is ovarian tumor, which may be benign. If malignant tumor is not excluded, further operation is needed, and the postoperative disease examination is needed for differentiation. '
Ms. Xie just went home for the new year and had a physical examination by the way. She had no psychological preparation at all. The family members asked the doctor if they could operate again in two months. The doctor said that the tumor was very large and would grow up, and the disease was very dangerous. He suggested that the operation should be carried out immediately.
After learning that she may have cancer, Ms. Xie was hit and pessimistic, and reluctantly agreed to the operation with the advice of her child.
At around 8:00 p.m. on February 26, Ms. Xie was pushed into the operating room for "minimally invasive surgery". Two hours later, the doctor came out and told him that the tumor was not found, but the uterus was a little too large, and asked the family if it needed to be removed.
"I went in and checked through the instrument and found no tumor, and the doctor repeatedly confirmed that there was no tumor. 'Miss Fan recalled that at that time she was a little confused by the unexpected situation.
Although no tumor was found, doctors said the uterus might have lesions and asked her four times whether to remove it. 'but since there is no tumor, but the uterus is too large, why must it be removed?' Miss Fan and her family did not agree to remove the uterus.
Through the endoscope in the operating room, Miss Fan found that the doctor had cut a knife on the uterus. "They say it's about finding tumors. After that, the doctor sutured the wound, and the original operation lasted for more than two hours for four hours.
The Dean apologized
The Medical Commission suggests that the hospital should take full responsibility
According to the informed consent for operation provided by the family members, Ms. Xie 'did not see a clear cut-off tumor' during the operation. Under the document, the doctor wrote a description of the operation, and gave two options, i.e.'Do not deal with it temporarily 'and' send it for further examination after hysterectomy '.
Miss Fan signed the six words "ask not to deal with it temporarily".
After that, the confused Miss Fan and her mother went to the local two top three hospitals for consultation, and came to the conclusion that they did not need treatment, but could have regular reexamination. '
Therefore, Miss Fan and her family questioned that the third people's Hospital of Yibin City misled the patients to operate and deliberately guided their families to agree to remove the uterus during the operation. "Once the uterus is removed, it means that the operation is finished, so we have no choice. '
Miss Fan believes that the hospital may have problems such as misdiagnosis, illegal operation and excessive medical treatment. The mother is misdiagnosed, and the misdiagnosis does not belong to the "reasonable fault" of the hospital.
The disputes between the two sides were discussed and mediated under the organization of the local government and the health administrative department. The hospital president apologized and compensated 20000 yuan.
But Ms. Fan said it hit her mother a lot and her character changed. Her work in Guangzhou was delayed, so she didn't accept the compensation of 20000 yuan from the hospital.
On April 17, both doctors and patients conducted mediation at the people's mediation committee of medical disputes in Yibin City, and gave the evaluation results: 'it is suggested that the hospital should take full responsibility. 'after study, the hospital decided to compensate 5830 yuan for the patient's delay in work, nursing, in-hospital meals, mental comfort, etc., and refund 3182 yuan of medical expenses.
"This has brought great mental pain to our family, especially irreparable mental injury to our mother. However, the compensation for mental injury given by the hospital is only 1000 yuan, which is totally lack of sincerity. 'Miss Fan told reporters.
For this reason, the patient delayed work for two months, and his normal salary was 4000 yuan per month; in addition, the family members rushed about for this, and the losses caused should also be compensated by the hospital. Therefore, the hospital is required to pay a lump sum compensation of 80000 yuan, but the hospital did not agree.
Hospital attitude:
Justice is the fairest way
Hospital officials told reporters that the hospital's attitude has always been very clear. It is recommended that patients take the judicial approach to be fair to both doctors and patients. The responsibility of the hospital will never be shirked.
Miss Fan told reporters that since the hospital bears all the responsibilities, the hospital initially promised to pay 20000 yuan, but now the compensation is less than 9000 yuan, so the family members think that the lawsuit is just for the hospital to delay the time.
According to Guo gang of Sichuan fangce law firm:
Misdiagnosis: refers to the conclusion that the doctor has made inconformity or incompleteness in the clinical medical work due to the influence of subjective or objective factors. Generally, it can be divided into responsible misdiagnosis and technical misdiagnosis. The term misdiagnosis is a medical term, not a legal term. Misdiagnosis itself will not produce legal liability, only because of the doctor's fault (fault) caused by the misdiagnosis, can produce the corresponding legal liability.
According to the case, the main dispute between the two sides is whether there is' tumor 'and whether surgical measures should be taken. According to the conclusion of the same color ultrasound examination in the two hospitals, the medical staff of the hospital concerned has been suspected of failing to fulfill the obligation of diagnosis and treatment corresponding to the medical level at that time in the diagnosis and treatment activities.
Therefore, it is suggested that the patient and the hospital can fully communicate through mutual consultation, complaints to the health administrative department and seeking mediation. If there is still no consensus, the patient can completely take the way of lawsuit to seek the final settlement of the dispute.
According to Yan Fusheng, a lawyer from Sichuan Mingju (Yibin) law firm, Ms. Xie must first make clear the responsibility for reasonable compensation, which requires medical accident identification before entering the judicial process. 'in terms of compensation, the patient's loss may be small. The hospital's compensation of 5830 yuan is low, but the patient's compensation of 80000 yuan is high. '