Original title: the right kidney of a woman in Yunnan Province was found missing 11 years after operation
I have a backache when I walk now. I don't know when I can survive. Today's physical condition can't be compared with that of the past. I have no ability to work and can't earn medical expenses. How can I adjust my life in the future? "On April 29, Ms. Gou Huaqiao, from Huize, Yunnan, said breathlessly, holding her swollen hands tightly.
After a long walk, Gou Huaqiao only squatted on the ground. She said that in order to keep her only kidney, she did not dare to work hard when walking. Now as long as she took a few more steps, she would suffer from backache and dyspnea. All these diseases came from her right kidney, which disappeared inexplicably 18 years ago.
After traveling thousands of miles between Kunming and Shanghai, it was confirmed by medical institutions that my right kidney had been cut off by mistake 17 years ago. In the first instance, the court ruled that Huize County Hospital, which cut my right kidney by mistake that year, should pay me 270000 yuan. "Gou Huaqiao said," but how much money will be enough for later treatment and living expenses? We must appeal to the end and seek justice for ourselves.
It took 11 years to discover that after an operation, the kidney was gone
Gou Huaqiao explained to reporters: 'the kidney on the right is gone, which has a great impact on people. At the beginning of the disease, the legs were swollen. A week later, the face began to swell, and the waist and legs began to ache violently. '
In 2001, Gou Huaqiao, 22, was sent to Huize County People's hospital due to a car accident. She was diagnosed with liver rupture and rib rupture, and underwent exploratory laparotomy. The operation went smoothly and her recovery was very fast. After she was discharged from the hospital, she did not have a reexamination.
In 2012, Gou Huaqiao went to the First Affiliated Hospital of Kunming Medical University for examination after his legs were swollen and his waist was painful. He was told that the cause of his legs was the absence of the right kidney. This surprised her, and later learned from the inference of professionals that her right kidney might have been removed during the operation.
On October 8, 2015, Gou Huaqiao went to the First Affiliated Hospital of Kunming Medical University for examination again, and the result was that the right kidney was not shown. Looking back at the cases hospitalized before the operation in 2001, it was clearly recorded in the book that 'there was no percussion pain in both kidneys' and' edema around the right kidney ', which means that her kidneys were intact before the operation.
On January 19, 2016, Gou Huaqiao went to Huize County Court to file a civil lawsuit against Huize County People's Hospital, the operation hospital of that year. However, in order to sue the hospital, there must be evidence that one's right kidney has been 'removed'.
Gou Huaqiao was forced to embark on a long and arduous road of verification.
Where is the right kidney going
For the sake of this civil lawsuit, Gou Huaqiao went between the hospital, the court and the appraisal institution. She first consulted two judicial appraisal institutions in Kunming. The other side said that because the case lasted too long, she could not technically support Ms. Gou to complete the appraisal.
After that, she contacted the forensic center of Shanghai Institute of forensic science and Technology (hereinafter referred to as "Shanghai forensic center") through the local forensic organization, and in March 2016, she applied to Shanghai forensic center through Huize County Court.
Gou Huaqiao conducted another examination in the First Affiliated Hospital of Kunming Medical University on March 18, and provided the electronic data to Shanghai identification center. However, Shanghai appraisal center does not accept the application filed in the name of an individual and requires the applicant to go to Shanghai for appraisal accompanied by a judge.
In April 2017, Huize County Court sent people to accompany Ms. Gou Huaqiao to Shanghai for appraisal.
It took more than 500 days. Finally, the Shanghai appraisal center issued the appraisal certificate and drew the following three conclusions: 1. 2. According to the analysis and inference of the existing materials, Gou Huaqiao's right kidney was removed during the operation. 3. Gouhuaqiao's right kidney is missing. The possibility of gouhuaqiao's right kidney being cut off by mistake during the exploratory laparotomy in Huize County People's Hospital on March 9, 2001 is high.
The certificate also made it clear that there was a direct causal relationship between the medical fault and the adverse consequences of the loss of the right kidney.
Gou Huaqiao finally got the important evidence of life and death.
In the first trial, Gou Huaqiao received only 270000 yuan in compensation
'I can't sit and stand now, and I have a pain in my back when I sleep. Because my kidney function is damaged, I have to go to the toilet several times every night, and I don't sleep well. 'Gou Huaqiao said that he has completely lost his ability to work.
In such a situation, Gou Huaqiao in order to keep the only kidney, hand can not lift, shoulder can not resist, in the diet must also avoid. She has to be reexamined once every three months. In the face of the follow-up treatment fee, she has nothing to do. In particular, she has to bear the tuition fees of her two daughters, which makes her on the verge of collapse.
'for the sake of my children, I told myself I had to stick to it. At the same time, in order to stabilize the number of white blood cells and red blood cells in the body, it is necessary to take medicine on time. 'said Gou Huaqiao.
The only thing that can give Gou Huaqiao hope is the just judgment of the court.
Gou Huaqiao once again filed a lawsuit against Huize people's Hospital and demanded compensation.
In April 2018, the people's Court of Huize County entrusted the judicial authentication center of Yunnan Police Officer College to conduct judicial authentication on Gou Huaqiao's follow-up medical expenses (expenses after kidney transplantation and related rehabilitation expenses after transplantation).
The identification results are as follows: 1. Whether the identified person Gou Huaqiao carries out kidney transplantation should be based on the diagnosis and treatment measures of the hospital specialist, and the opinions of the patients and their families should be considered. 2. If kidney transplantation is needed, the cost of kidney donor should be based on the actual cost. The cost of the operation is about 150000 yuan, and the later period is about 3000 yuan per month.
On February 25, 2019, Huize County People's Court issued a judgment: Huize County People's hospital will compensate Ms. Gou Huaqiao's medical expenses, disability compensation (including the living expenses of the dependants), appraisal fee, mental damage solace, etc. within 15 days after the judgment takes effect, totaling 272264.38 yuan.
Gou Huaqiao appealed for other compensation
"I'm not satisfied with the result. The rest of my life is ruined. Can I just wait for the poor 270000 yuan?" Gou Huaqiao said. He decided to appeal and asked the court of second instance to annul the judgment of the first instance and sentence it again.
Gou Huaqiao said that there is still an elderly father-in-law in the family to support, and the two daughters who go to school need living expenses and tuition and miscellaneous expenses. After being mistakenly cut off their right kidney, their condition is getting worse and worse, they need to take medicine every day, and their physical strength has decreased significantly. By the doctor's diagnosis, has been unable to work normally.
Although the court's judgment adopted the expert opinion to confirm the medical fault of the right kidney hospital in the process of diagnosis and treatment, the people's Hospital of Huize County was responsible for the consequences caused by medical damage, but it did not compensate for other reasonable losses it claimed, and the hospital did not bear the tort liability it should bear.
Gou Huaqiao presented her appeal of the second instance, and she hoped that the court would support her four point lawsuit
1. In addition to the compensation of 272264.38 yuan, Huize County People's court also needs to pay 18000 yuan for the appraiser to testify in court; 2. According to the development of the disease, the cost of continuing treatment caused by the wrong right kidney cutting, reasonable living expenses, medical expenses and transportation expenses shall be reimbursed by Huize County People's hospital; 3. Due to a series of related diseases, such as loss of labor ability and no source of livelihood, Huize County People's hospital is required to pay Gou Huaqiao's living allowance according to the minimum wage of urban workers every month. 4. Whether to carry out renal transplantation is based on the diagnosis and treatment measures of specialists in regular hospitals at or above the county level, and all expenses incurred shall be borne by Huize County People's hospital.
At present, in pain, Gou Huaqiao is anxiously waiting for the court's second instance judgment.
Local police have stepped in
Wang Xin, a lecturer in the theoretical law teaching and research section of Yunnan University School of law, believes that the trend of the case depends on the results of medical appraisal. If the identification results show that the hospital removed Ms. Gou's right kidney without authorization, the medical malpractice committee will investigate the responsibility for this major medical accident and ask the hospital to bear civil compensation.
Yunnan network reporter then contacted the chief judge of Huize County People's court, the other side said he would not be interviewed.
On April 15, the law enforcement officers of Huize County Public Security Bureau found Ms. Gou, took away the relevant materials, and said that they would investigate the information and other evidence of the Huize County People's Hospital's operation on Gou Huaqiao in that year. If the case can be filed, Huize County Public Security Bureau will formally appeal; if not, Huize County Public Security Bureau will come up with the reasons why the case can't be filed.
'I don't know what else I can do. I don't know how long I can hold on. I can wait, but my body can't. 'said Ms. Gou.
Yunnan network will continue to follow up the progress of this matter.