Medical malpractice complaint (model)
information
Plaintiff: XX, male, AA years old, family X, a farmer in XX city, XX province, living in the office compound of XX city (the husband of the deceased).
Defendant: YY, male, BB years old, X nationality, from XX city, XX province, director of XX district health center, living in XX health center.
Requested items:
1. Ask XX Municipal People's Procuratorate to prosecute YY for dereliction of duty and investigate the criminal responsibility of the defendant.
Second, ask XX District Health Center to pay 1000 yuan for burial expenses and the XX pension of the deceased son in Wu Bai of 2000 yuan.
Facts and reasons:
At about XX o'clock in the morning on XX, XX, the plaintiff Zhang XX's wife was sent to the emergency department of XX District Health Center because of prenatal bleeding (the previous fetus had been delivered by caesarean section). After diagnosing the condition, the dean of the hospital listened to the report of the management doctor Wu XX. Wu XX suggested that Fan XX, the only doctor in obstetrics and gynecology, take part in caesarean section and inform him to have an operation (because of the power failure that night). At about x o'clock in the morning on XX, XX, XX, the defendant came to the ward to check that Zhang's lower limbs edema had reached the groin, the fundus was under the umbilicus, and there were no symptoms such as contractions. Zhu XX, the medical staff present, suggested immediate operation. At 5 o'clock in the afternoon that day, the maternal body appeared edema, uterine contraction did not progress, and the condition was serious. Management doctor Wu XX suggested immediate transfer or caesarean section. However, the defendant YY turned a deaf ear to the above correct opinions of the medical staff and did not take any specific measures. The defendant knew that the parturient was seriously ill, and only the obstetricians and gynecologists attending the consultation could ensure safety, otherwise they should be transferred to the hospital immediately. However, regardless of the requirements of the maternal family, the defendant still arranged for Fan XX to continue to work in family planning in the countryside. What's more, in the morning of XX, maternal contractions intensified, fetal heart sounds disappeared, and her condition was critical, but Fan XX was still sent to the countryside without taking timely rescue measures. At 10, the maternal life is in danger. Send someone to find Fan XX. On the afternoon of the same day 1: 4O, Fan still didn't come home, and pregnant woman Zhang XX died on 1: 45 because she was not rescued in time by caesarean section. On XX, XX year, the original X county medical accident appraisal team identified Zhang XX's death as a "first-class medical liability technical accident".
Defendant YY, as the director of the hospital, neglected her duties, was indifferent to critically ill women, did not actively organize a consultation team, let the only doctor in obstetrics and gynecology leave the hospital and go to the countryside, and ignored critically ill women; Failing to adopt the reasonable suggestions of medical staff, carrying out caesarean section or transferring to hospital in time, resulting in the maternal Zhang XX not being treated in time for 36 hours, which led to the deterioration of her condition and her death. The consequences are serious and the impact is extremely bad. The administrative punishment given by the relevant authorities cannot replace the political and legal organs to investigate their criminal responsibility according to law. In order to ensure the safety of citizens' lives and maintain the normal medical and health order, according to the provisions of Article 187 of the Criminal Law of People's Republic of China (PRC), Paragraph 1 of Article 53 and Paragraph 2 of Article 13 of the Criminal Procedure Law of People's Republic of China (PRC), we hereby notify your hospital to file a case, investigate and prosecute according to law.
I am here to convey
welcome
Specific person: Li XX
Authorized Agent: lawyer of XX Legal Advisory Office.
Xxxx year x month x day
Attached:
1.XX copy of X Wei Zi [84] No.05 of Municipal Health Bureau.
2×× County Medical Accident Appraisal Team's Appraisal Report.
3. The criminal incidental civil indictment in this case was submitted to the XX Municipal People's Court.
4. The witness is XX, female, 40 years old, an obstetrician and gynecologist in XX District Health Center, who lives in our hospital. Witness Wu XX, male, 40 years old, a surgeon in XX District Health Center, lives in our hospital. Witness Zhu XX, female, 3 1 year-old, health worker of XX District Health Center, lives in our hospital.
Source:/question/35909360.html.