Defendant: Wujiang District Hospital of Traditional Chinese Medicine, Suzhou (Second People's Hospital of Wujiang District, Suzhou), located at No.73, Yun Tong Road, Wang Ping Town, Wujiang District, Suzhou, Jiangsu Province.
Legal representative: Lu Liang, dean.
Wang Jianfang, the entrusted agent, is an employee of the defendant.
Authorized Agent: Shen Wei, lawyer of Jiangsu wuyue Law Firm.
Defendant Pan Xiaowei.
The defendant Wujiang Tenghong Silk Coating Factory is located in Hongzhou Village, shengze town, Wujiang District, Suzhou City, Jiangsu Province.
Heming, director.
The defendant, Wujiang Branch of Taiping Property Insurance Co., Ltd., is located at No.67, Zhongshan South Road, Songling Town, Wujiang District, Suzhou City, Jiangsu Province.
Grace Wai Wong, the manager.
The case of plaintiff Shi Xianbin v. defendant Suzhou Wujiang District Hospital of Traditional Chinese Medicine (Second People's Hospital of Wujiang District, Suzhou) (hereinafter referred to as Wujiang Second Hospital) was put on file on March 3, 20 16, and was tried by Judge Xu Rongrong in a simple and public hearing according to law. During the trial, Pan, Wujiang Tenghong Silk Paint Factory (hereinafter referred to as the paint factory) and Wujiang Branch of Taiping Property Insurance Co., Ltd. (hereinafter referred to as Taiping Insurance) were added as defendants to participate in the proceedings. Due to the complexity of the case, our court was composed of Judge Xu Rongrong, Acting Judge Li Na and People's Juror Shen Shunxin, and the trial was held in public on March 6, 20 17 by applying ordinary procedures. The plaintiff Shi Xianbin and his entrusted agents Wang Jianfang and Shen Wei attended the proceedings in court. Defendants Pan, Paint Factory and Taiping Insurance refused to appear in court to participate in the litigation of this case without justifiable reasons after being legally summoned by our court. The case has now been closed.
Plaintiff Shi Xianbin claims that: 1 1 In May, plaintiff Shi Xianbin was injured in a traffic accident and was hospitalized in the Second Hospital of Wujiang City, and was diagnosed with a fracture of the left tibial plateau. However, the defendant Wujiang Second Hospital only took simple treatment measures such as plaster external fixation of the left lower limb, hemostasis and detumescence during its hospitalization. Shi Xianbin, the plaintiff, suffered from muscular atrophy at the fracture of his left knee and frequent pain in his left leg. During the treatment of plaintiff Shi Xianbin in defendant Wujiang Second Hospital, the hospital did not adopt a reasonable and effective treatment plan. To say the least, the defendant Wujiang Second Hospital should fulfill the reasonable obligation of informing and prompting. The above fault of the defendant Wujiang Second Hospital is the cause of the plaintiff Shi Xianbin's present situation, and he should bear the liability for fault compensation. It is requested to order the defendant to compensate the plaintiff Shi Xianbin for his medical fault loss of 6,500 yuan and bear the litigation costs of this case. During the trial, Shi Xianbin, the plaintiff, did not specify other claims at the request of our court for many times. In addition, during the trial in our hospital, Shi Xianbin repeatedly advocated that Pan, the appraiser of paint factory, Taiping Insurance, Wujiang Second Hospital and related appraisal institutions should treat the injured left leg to its pre-injury state, or each person (unit) should compensate it for 800,000 yuan to compensate for the losses caused by its left leg injury.
The defendant Wujiang Second Hospital argued that the plaintiff's prosecution had no factual and legal basis, and the plaintiff was admitted to the defendant Wujiang Second Hospital for treatment on 20 1 1 due to a traffic accident. After the plaintiff was discharged from the hospital, the judicial expertise showed that the traffic accident caused the plaintiff's tenth grade disability, and the plaintiff's compensation was in the poll of (20 12). Because of the medical damage lawsuit filed by the plaintiff this time, Jiangsu Medical Association was entrusted by the court to conduct medical damage appraisal. The conclusion is that according to the classification standard of medical accidents, the plaintiff's current injury does not constitute disability, so the plaintiff's loss has not increased. According to the facts, the lawsuit filed by the plaintiff has no basis, and it is requested to dismiss all the plaintiff's claims according to law.
The defendant Taiping Insurance replied in writing that the plaintiff's traffic accident case had reached a mediation agreement with the defendant Taiping Insurance, and the defendant Taiping Insurance had fulfilled it. The mediation agreement made it clear that the plaintiff could not claim rights from the defendant Taiping Insurance for traffic accidents. If there is a causal relationship between the dysfunction of the plaintiff's left knee joint and the fault of Wujiang Second Hospital, the defendant Taiping Insurance will exercise the right of recourse against Wujiang Second Hospital separately. In addition, the defendant Taiping Insurance does not bear the litigation costs of this case.
The defendant Pan did not reply.
The defendant Wujiang Tenghong Silk Paint Factory did not reply.
It was found through trial that on May 1 1 and 1, Pan was driving an E ××××××× minibus along Shengtan Highway in Shenzhen District, Suzhou City from east to west, occupied the road in Eurasia, and collided with a Zhejiang E ××××××× ordinary two-wheeled motorcycle driving from west to east, causing damage to both cars and Shi Xianbin. The former Wujiang City Public Security Bureau Traffic Patrol Brigade determined that Pan was fully responsible for the accident, while Shi Xianbin was not.
On 20 11May1day, Shi Xianbin was hospitalized in Wujiang Second Hospital (formerly Wujiang Second People's Hospital) for a road traffic accident. According to the discharge records of Wujiang Second Hospital, Shi Xianbin was admitted to the hospital for more than an hour due to pain, swelling and dyskinesia after his left knee fell. The Second Hospital of Wujiang City adopted the treatment scheme of external fixation of left lower limb plaster for Shi Xianbin. When Shi Xianbin was discharged from the hospital, he recorded in the column of discharge record issued to Shi Xianbin by Wujiang Second Hospital: the plaster external fixation was selectively replaced, and the X-ray showed that the fracture position was good, so he is now considering leaving the hospital for rest; It is recorded in the discharge doctor's advice: inform the left knee joint of dysfunction. Inform the possibility of treatment after ligament meniscus injury.
The above facts are confirmed by the road traffic accident certificate, the discharge record submitted by Shi Xianbin and the statement of the parties in court.
In addition, it was found that: 20111,Shi Xianbin entrusted Suzhou Tongji Judicial Appraisal Institute to identify the degree of his disability, and the conclusion was that the identified Shi Xianbin had a fracture of the left tibial plateau due to a car accident, and the dysfunction of the left knee joint constituted a grade 10 disability; The appraised person's delayed construction period is six months after injury, the lactation period is three months after injury, and the supplementary nutrition period is two months after injury. On August 22nd, 20 12, Shi Xianbin filed a lawsuit in our hospital, demanding Pan, Paint Factory and Taiping Insurance to compensate him for all the losses caused by the traffic accident. In the complaint of this case, the details of the losses claimed by Shi Xianbin are as follows: medical expenses of 8,309 yuan, hospital food subsidies of 468 yuan, nutrition expenses of 1.500 yuan, nursing expenses of 4,500 yuan, lost time expenses of 1.2000 yuan, transportation expenses of 300 yuan, disability compensation of 52,682 yuan, living expenses of dependents of 6,370 yuan, and appraisal expenses of 2,520 yuan. On August 22nd, 20 12, under the auspices of our hospital, Shi Xianbin mediated with Pan, Paint Factory and Taiping Insurance, and both parties reached the following mediation agreements voluntarily: Pan, Paint Factory and Taiping Insurance compensated Shi Xianbin for medical expenses, hospital food subsidies, nutrition expenses, nursing expenses, lost time, transportation expenses, disability compensation, living expenses of dependents, mental damages and compensation. The parties to the above mediation agreement have completed their performance on.
The above facts have been confirmed by the Civil Mediation Document No.1 of the Military Survey in our hospital (20 12). 02 17.
Re-investigation: On July 29th, 20 13, Suzhou Medical Association accepted the entrustment of Suzhou Municipal Health Bureau to conduct medical malpractice technical appraisal on the medical dispute between Shi Xianbin and Wujiang Second Hospital. Suzhou Medical Association organized experts to identify whether Shi Xianbin's medical process constituted a medical accident on April 14. Members of the appraisal expert group believe that the current situation of the patient (Shi Xianbin) is a common sequela of knee joint trauma caused by the primary car accident. The appraisal conclusion is: According to Articles 20 and 33 of the Regulations on Handling Medical Accidents, this case is not a medical accident.
From June 2018,2065438 to June 2016,2015, Shi Xianbin and the Second Hospital of Wujiang conducted mediation in the People's Mediation Committee for Medical Disputes in Xx District of Suzhou, but failed many times.
The above facts are confirmed by evidence such as the medical accident technical appraisal submitted by the defendant Wujiang Second Hospital, the people's mediation record and the parties' statements in court.
During the trial in our hospital, our hospital entrusted Jiangsu Medical Association to inquire whether the medical behavior of Wujiang Second Hospital against Shi Xianbin was in violation of medical and health management laws and regulations, departmental rules, medical and nursing norms and conventions; If there is a fault in Wujiang Second Hospital, whether there is a causal relationship between its fault behavior and the damage consequences of patient Shi Xianbin, the magnitude of its causal force shall be determined. 20 16 On September 30th, Jiangsu Medical Association organized Shi Xianbin and Wujiang Second Hospital to make an appraisal, and issued Jiangsu Medical Accident Appraisal [20 16]No. 134. Among them, in the analysis, it is suggested that conservative treatment should not be taken for the tibial plateau fracture without displacement or slight displacement due to the wrong behavior of the medical prescription (1) during the diagnosis and treatment. Generally, after 3-4 weeks, open the plaster and exercise the flexion and extension of the affected limb without load. In this case, neither the doctor nor the patient can confirm the specific time when the plaster is taken out. According to the patient's discharge record, discharge with plaster external fixation and the first follow-up time after discharge, the plaster fixation time is not less than 50 days, which is too long and there is a fault. (2) The doctor didn't communicate with the patient, made clear the way of functional exercise, and instructed the patient to do functional exercise of the left lower limb. (3) The discharge medical records did not clearly inform and record the specific time of outpatient review and the time of gypsum removal. (4) It is doubtful whether the signature in the doctor-patient communication record is the signature of the patient. Causality analysis: Tibial plateau fracture belongs to intra-articular fracture, which will inevitably have a certain impact on joint function, and also easily lead to traumatic arthritis and joint swelling, which is an important reason for the current situation of patients. The doctor did not communicate with the patient to inform him of the specific time of outpatient reexamination and plaster removal, nor did he instruct the patient to exercise the left lower limb function. According to the first follow-up time after discharge, the plaster fixation time is not less than 50 days, which is too long. The above-mentioned mistakes of doctors have a certain causal relationship with the current situation of patients, and the magnitude of causal force is a slight factor. At present, the patient's left knee joint function is slightly impaired, but it does not constitute disability. The conclusion is that the patient Shi Xianbin does not constitute disability; There is a fault in the medical process, and there is a causal relationship between the fault and the patient's current situation, and the reason is a slight factor.
The court held that the existing evidence proved that the current situation of plaintiff Shi Xianbin was the result of the joint action of road traffic accidents and medical faults, and the fault of medical behavior was a slight factor that caused the current situation of plaintiff Shi Xianbin. According to the appraisal conclusion of Suzhou Tongji Judicial Appraisal Institute, according to the road traffic accident appraisal standard, Shi Xianbin constitutes a grade 10 disability; The appraisal conclusion of Jiangsu Medical Association holds that Shi Xianbin does not constitute disability according to the medical damage appraisal standard. (20 12) Wu Civil Mediation No.0217 is based on the appraisal conclusion issued by Suzhou Tongji Judicial Appraisal Institute, and Pan, Paint Factory and Taiping Insurance compensate Shi Xianbin for all the losses caused by personal injury. However, the damage amount calculated according to the medical damage appraisal opinion must be lower than that calculated by the traffic accident damage appraisal opinion. According to the facts, Shi Xianbin's losses caused by the combination of traffic accidents and medical damage have all been compensated. According to the defendant Taiping Insurance, the defendant Wujiang Second Hospital should separately recover the relevant losses in this case. The plaintiff Shi Xianbin's request for Wujiang Second Hospital and other defendants to compensate again has no factual basis and legal basis. To sum up, according to Article 54 of the Tort Liability Law of People's Republic of China (PRC) and Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:
Reject the plaintiff Shi Xianbin's claim.
The acceptance fee of this case, 400 yuan, shall be borne by the plaintiff Shi Xianbin.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to the Intermediate People's Court of Suzhou City, Jiangsu Province. At the same time, the acceptance fee of the appeal case (account name: Suzhou Intermediate People's Court AccountNo. 10 ×××× 7676 Bank: Suzhou Sufu Road Sub-branch of Agricultural Bank of China) has been paid in advance to Suzhou Intermediate People's Court of Jiangsu Province according to the Measures for Paying Litigation Fees of the State Council, and the proof that the appeal fee has been paid has been submitted to our court.