However, five years later, Li Qingping, Li Wengui's daughter, accidentally discovered a medical metal appliance while cleaning up her father's ashes and relics.
When she saw this thing, Li Qingping immediately changed her expression. Obviously, this is the medical part left by her father Li Wengui after the operation. She quickly took this surgical instrument to find a professional to identify it.
Sure enough, after several appraisals, the Li family finally determined that this medical ingredient was used on Li Wengui, and the hospital was suspected of major medical negligence.
There is no doubt that Li Qingping and his family, who had been litigating with the hospital before, have mastered the key evidence.
Soon after, the case was heard in the second instance of Shangqiu Intermediate People's Court.
Seeing this, we can't help wondering:
Did the death of old Li Man Wengui five years ago have anything to do with the hospital? For what reason does Li Wengui's family insist on going to court with the hospital? What was the result of the second trial?
Let's go into the text together and find out the truth.
Found the physical evidence, and the second trial was held.
On 20 18 12.7, the second instance of Shangqiu Intermediate People's Court heard the case that Li Qingping and his family sued Shangqiu First People's Hospital for causing Li Wengui's postoperative bleeding and death due to medical negligence.
In the majestic court, Li Qingping, Li Wengui's daughter, was no longer as emotional as she was in the first trial, but the hospital representatives seemed to be on pins and needles.
During the trial, the judge asked whether the original defendant and the defendant had new evidence to prove their views and demands.
The hospital only listed Li Wengui's hospitalization records, surgical records and treatment records, almost all of which were physical evidence submitted at the first instance of this case.
When Li Qingping came here, she had new evidence.
She showed the medical parts found in her father's ashes to the judge in court, saying that she suspected that it was a DHS fixator.
Li Qingping said that when his father, Li Wengui, was rescued, he signed an agreement to do total hip replacement for his father.
The medical site she found confirmed that the hospital did not perform the operation according to the routine medical procedures she agreed before performing the operation for her father Li Wengui.
After the operation, the patient not only failed to change the treatment method and stop bleeding in time, but even used surgical instruments incorrectly, which was suspected of a major medical accident.
Later, Li Qingping explained once again that when he decided to do total hip replacement for his father, the surgical plan drawn up by the hospital was to use imported medical parts produced by Italian Du Fei company, with a value of 39,000 yuan.
But the medical parts she found in her father's ashes are special parts for fixed surgery in DHS, and the cost of surgery is about 7000- 10000 yuan.
Therefore, Li Qingping and his family insisted on overturning the first-instance ruling that Shangqiu No.1 People's Hospital was mainly responsible for Li Wengui's death, and requested the court of second instance to decide that the hospital was fully responsible for Li Wengui's death.
Although the patients' families produced new evidence, due to the rigor of the law, the court of second instance let them state their demands and carefully reviewed the progress of the whole matter in court.
At the request of the court, Li Qingping recalled what happened before and after her father's death.
Although it has been a long time, she still remembers it vividly and is extremely sad.
A sudden change in the treatment of the elderly.
Li Wengui lives in Shangqiu, Henan Province. He was 79 years old when the accident happened.
On 20 13 10 18, Li Wengui went out to buy food by bike from home.
But when he rode to the door of the community, he accidentally fell down because he didn't pay attention to the loose manhole cover.
At that time, Li Wengui was conscious. After asking about the basic situation, the security guard got through to his daughter Li Qingping.
"Are you wen-gui li's daughter? When I came to the gate of the community, your father fell, and it seemed to be a bad fall. If you can't catch it, please contact 120. "
After hanging up the phone, Li Qingping was in a hurry. She rushed back to the community and saw her father lying on the ground moaning. Her heart was so uncomfortable that she even blamed herself for her negligence.
Then 120 ambulance arrived and took Li Wengui to Shangqiu First People's Hospital.
Just sent to the clinic, the attending doctor gave the elderly a comprehensive examination, and the examination results showed that Li Wengui had a fracture of the left femoral neck.
Although no other injuries have been found at present, the attending doctor told Li Qingping that the patient's condition is not optimistic, and surgery is needed as soon as possible, otherwise there will be a risk of femoral head necrosis in the later stage.
Hearing this, Li Qingping, as the patient's family, began to worry again.
So, without thinking, she agreed to do artificial total hip replacement for her father, using the most advanced and safest medical components imported from Italy.
Although the operation is expensive and my father has to bear some pain, Li Qingping, as a daughter, can only make this decision for her future life.
The operation time is also arranged quickly. Six days after admission, Li Wengui was taken to the operating table.
Li Qingping and other family members waited anxiously outside the operating room. Recalling her father's usual hard work for this family, she couldn't help but burst into tears.
Although the doctor reassured her repeatedly that the operation would not be too risky, as a daughter, Li Qingping was inevitably worried.
When the red light at the entrance of the operating room went out, Li Wengui was slowly pushed out of the operating room. The attending doctor told them that the operation was successful, and a big stone in Li Qingping's heart finally fell to the ground.
What she didn't expect was that the change would come so quickly.
At 8 o'clock the next morning after the operation, Li Qingping stayed in the ward for a long time, only to realize that there was something wrong with her father's condition. Looking at the drainage bag hanging by the bed, she immediately panicked.
In the drainage bag in front of my father's bed, it was not congestion, but bright red blood.
Even though Li Qingping is not a medical student, she knows the difference between congestion and normal blood color.
So, she quickly told the attending doctor who came to make rounds. After some examination, the doctor just casually said 1 and went away:
"It doesn't matter, this is normal."
After a while, Li Qingping saw the bright red color in the drainage bag, and directly asked the doctor to arrange another blood test for his father.
At nine o'clock in the morning, more blood was drawn, but Li Qingping didn't see the test results. When she asked the attending doctor privately, the other party told her:
"This situation is normal and does not require any treatment."
At about 3 o'clock that morning, Li Qingping received a phone call from her brother.
On the phone, my brother's tone was very anxious. He only said in a hurry, "Father is being rescued, come to the hospital quickly." Li Qingping hung up before he could answer.
Brother's words made Li Qingping unstable, so she quickly sat down on the sofa beside her.
Two minutes later, she recovered, grabbed two clothes and took a taxi to the hospital.
Although the doctor exhausted all kinds of medical means, Li Wengui failed to open his eyes again and died of respiratory failure at about 5 am that day.
Faced with such a result, Li Qingping, as a daughter, immediately said that it was unacceptable. She now suspects that her father died of excessive blood loss.
Because she found a problem in the drainage bag at that time, but the attending doctor always perfunctory her with words such as "normal" and "no treatment", which had to make her suspect that her father died of a medical accident, and the hospital was also involved.
After failing to coordinate with the hospital's doctor-patient relationship department, Li Qingping took him to court.
Hold your own opinions and go to court.
Li Qingping made full preparations for this lawsuit. She made three copies of her father's case in the hospital.
Together with the relevant bills during hospitalization, she made a copy and applied for judicial expertise, which she knew would eventually become evidence in court.
After the judicial appraisal was completed, the court also collected enough information, and the case of doctor-patient dispute was heard in court.
The hospital did not let Li Wengui's attending physician appear in court, but directly appointed the first deputy of the attending physician to appear in court to answer some professional medical questions, and the right of defense was given to the lawyer who accepted the dispute.
The result of judicial expertise is an important basis for this case.
According to the information submitted by both parties and judicial expertise, the court held that the final cause of death of Li Wengui was respiratory and circulatory failure, which was directly related to postoperative hemorrhage.
The judge first determined that the hospital was responsible for Li Wengui's death.
The hospital also admitted that it was responsible for the above findings, but they still strongly denied that the elderly died because of medical accidents.
The first agent sent by the hospital argued in court:
"All the treatment plans we made for Li Wengui were approved by family members, and each drug was also decided by family members."
"As for why Li Wengui had postoperative bleeding, I'm afraid it can only be explained as Li Wengui's physical problem. These treatments have never gone wrong in any previous case. "
Li Qingping was immediately angered by this statement. If it weren't for such a dignified occasion in the imperial court, I'm afraid the Li family would have stood up and started work.
However, after obtaining evidence from many parties, Li Qingping still has a lot of materials that can be used to accuse the hospital, including the routine blood test sheet made the morning before the old man died.
Li Qingping's defense lawyer pointed out:
The results of routine blood examination made by Li Wengui the next morning after operation showed that hemoglobin, red blood cell count, hematocrit and other indicators showed a significant downward trend compared with those before operation.
As a professional doctor, I can basically conclude that this is a sign of postoperative bleeding, but Li Wengui's attending doctor still believes that this situation is normal and there is no need to give blood transfusion or other treatment to the patient.
In this case, Li Qingping's defense lawyer asked the hospital to give an answer in court.
The agent looked at the document, his face darkened at once, and then he argued to the judge:
"This paper is a routine blood test in our hospital. Compared with Li Wengui's pre-operation, the indicators examined above have indeed declined. "
"However, after the judgment of the attending physician, the abnormality of this blood routine index cannot be judged by a test result."
"We were going to do another routine blood test to confirm the operation the next morning, but the patient went into shock that night ..."
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Originally, the deputy's answer was impeccable, but Li Qingping still seized the loophole and spoke directly to expose each other's tricks:
"Why didn't I see this paper at that time? What you just said is the result of your private research, without informing your family. In this case alone, you have at least unreasonable treatment procedures. "
The above judicial appraisal results are enough to rule that the hospital is at fault in the treatment process. However, in the hospital bill, the court once again found that the hospital was also at fault in drug use.
It took 7 days from Li Wengui's admission to his death. During this period, all medication and payment records have been sent to the court, submitted by the patient's family and the hospital respectively.
It was when comparing the two medication records that the judge found some problems.
In the postoperative case list submitted by the hospital, the medication record on the first day after operation was blank, but in the two case lists submitted by Li Wengui's family, some medication situations were shown.
In the face of doubts on the medical examination list, the deputy was unable to argue again.
The truth is right in front of us. There is indeed gross negligence in the hospital's treatment of Li Wengui. Therefore, the court of first instance ruled that the hospital medical records were inconsistent and there was a major medical negligence, which was mainly responsible for Li Wengui's death.
After the case was pronounced, Li Qingping won the case, but she was not happy because her father could never come back.
On the other hand, the hospital thinks that the court's ruling is unfair, even if it wants to appeal.
In the subsequent arrangement of his father's relics, Li Qingping found the DHS restorer left behind, and was furious and appealed again.
Finally won the case, and the deceased has passed away.
On February 7 last year, 65438, the case was heard in the second instance of Shangqiu Intermediate People's Court.
In Li Qingping's memory, the court of second instance learned the whole story.
According to the relevant information provided by the court of first instance, combined with the latest materials submitted by both parties, and in order to maintain the rigor of the law, the court of second instance conducted a careful verification.
In the court of second instance, the hospital completely panicked about the new evidence.
The deputy of the hospital who appeared in the first instance continued to appear on behalf of the hospital. He tried his best to guarantee before the judge:
"This DHS fixator can be used for total hip replacement, and the effect is not much different from that of imported medical components."
It doesn't matter if you don't talk about it. Saying it is equivalent to setting the hospital on fire.
Li Qingping wanted to use the medical components imported from Italy, but the hospital privately replaced them with domestic DHS fixators. Isn't this an act of deceiving patients?
In the face of ironclad facts, on July 12, 2065438, Shangqiu People's Court made a final judgment, and the judgment was as follows:
There was gross negligence in the hospital during Li Wengui's hospitalization, which led to the death of the patient and took full responsibility. It is necessary to compensate the patient's family according to law, with a total compensation of 350,000 yuan.
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This six-year trial has come to an end.
The Li Qingping family won the final victory, but the voice and smile of his father, Li Wengui, only existed in Li Qingping's memory.
At the age of 79, the old man was still healthy and could have had a happy old age, but this sudden change has rewritten everything, which is really regrettable.
The doctor-patient relationship has always been subtle. Patients entrust their lives to hospitals, and hospitals should give patients the best treatment in the spirit of saving lives.
Anyway, I hope such a tragedy will not happen again in the future.