Typical medical accident cases and analysis! (Need specific cases and key points, preferably current hot medical disputes)

Brief introduction of the case of children with cerebral palsy suing a hospital in Shanghai for medical malpractice compensation: plaintiff Zhang's mother was admitted to the emergency room on June 4, 2006 (twins were expecting to give birth). At 3: 45 in the morning, the doctor told the B-ultrasound that there was no abnormality in fetal heart movement, and she was placed in the delivery room for labor. However, the plaintiff's premature rupture of membranes and amniotic fluid outflow lasted for more than 6 hours, and the defendant (hospital) did not take any specific treatment and inspection measures. The plaintiff was born at 9: 30 am that day. The doctor told him that the plaintiff suffered from severe hypoxia and was discharged after being rescued in the incubator of the pediatric ward. However, in 2008, the plaintiff was diagnosed with cerebral palsy. After the plaintiff's family transferred the case from the defendant in February 2009, they realized that the plaintiff's illness was caused by the defendant. In March 2009, the plaintiff sued a hospital in Shanghai to the Yangpu District People's Court in Shanghai, requesting the court to order the defendant to bear the liability for compensation for this medical accident. Case Analysis As the attorney of the plaintiff in this case, after accepting the entrustment, we listened carefully to the statements of the parties, conducted investigation and evidence collection, analyzed the main legal facts and evidence of this case from the perspective of professional knowledge, and made corresponding plans. The main disputes in this case are as follows: 1. Whether the defendant has exceeded the limitation of action, we think that the defendant has misunderstood the legal concept and application. According to the General Principles of the Civil Law, Opinions and other relevant laws, the limitation period of action is calculated from the time when the obligee knows or should know that the right has been infringed, that is, from the time when the obligee can exercise the right of claim. Article 168 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law stipulates that if the damage is obvious during the limitation of action for personal injury compensation, it shall be counted from the date of the damage; No injury was found at that time, and it can be proved by inspection that it was caused by infringement, which shall be counted from the date of diagnosis of injury. Therefore, the limitation of action in this case should be calculated from February 2009 when the case was transferred to the defendant and the confirmed illness was caused by the defendant. Second, whether the defendant has a medical fault has always held a negative attitude towards whether the plaintiff constituted a medical accident during his birth. During the trial, we applied to the court for entrusted judicial expertise, and the Shanghai Yangpu District People's Court entrusted the Shanghai Hongkou District Medical Association to decide whether the defendant's medical behavior against the plaintiff violated medical and health management laws, administrative regulations, departmental rules, medical care norms and conventions; Whether there is a causal relationship between its medical behavior and the present situation, whether this case constitutes a medical accident, and whether the defendant is at fault in the diagnosis and treatment of the plaintiff, the appraisal conclusion of Shanghai Hongkou District Medical Association is that it does not constitute a medical accident. Faced with such an appraisal conclusion, it is undoubtedly a painful blow. This appraisal conclusion is the key to obtain compensation in this case, and both lawyers and plaintiffs refuse to accept this appraisal conclusion. We reapplied for appraisal, and the Yangpu District People's Court of Shanghai accepted the application and entrusted the Shanghai Medical Association to decide whether the defendant's medical behavior against the plaintiff violated medical and health management laws, administrative regulations, departmental rules, medical and nursing norms and conventions; Whether there is a causal relationship between his medical behavior and the present situation, whether the case in this case constitutes a medical accident, and whether the defendant has any fault in the plaintiff's medical treatment behavior, the appraisal conclusion is that the medical dispute between the plaintiff and the defendant constitutes a medical accident. According to Articles 2 and 4 of the Regulations on Handling Medical Accidents, Article 36 of the Classification Standard of Medical Accidents (Trial) and the Interim Measures for Technical Appraisal of Medical Accidents, this case constitutes a second-class medical accident, and the doctor bears the main responsibility. The judgment originally informed the defendant of a dispute over medical malpractice damages in a hospital in Shanghai. The Yangpu District People's Court found that the facts of the case were clear and the evidence was sufficient, which supported all the plaintiff's claims. The verdict is as follows: 1. The defendant shall compensate the plaintiff for medical expenses of 5090.40 yuan within 10 days from the effective date of this judgment; 2. The defendant shall compensate the plaintiff for the hospital food allowance of RMB 280 yuan within ten days from the effective date of this judgment; 3. The defendant shall compensate the plaintiff for hospitalization expenses of 65,438 yuan+0,565,438 yuan+0.5 50 yuan within ten days from the effective date of this judgment; Four. The defendant shall compensate the plaintiff for the nursing expenses of 2,065,438 yuan+0,600 yuan within 10 days from the effective date of this judgment; 5. The defendant shall compensate the plaintiff for the disability appliance fee of RMB 280 yuan within ten days from the effective date of this judgment; The defendant of intransitive verb shall compensate the plaintiff for the transportation fee of 2 10 yuan within 10 days from the effective date of this judgment; Seven. The defendant shall compensate the plaintiff for mental damages of 24,465,438 yuan +0.48 yuan within 10 days from the effective date of this judgment; Eight. The defendant shall compensate the plaintiff for the disability living allowance of RMB 2,44414.80 yuan within ten days from the effective date of this judgment; 9. The defendant shall compensate the plaintiff's attorney fee of RMB 3,500 within ten days from the effective date of this judgment. Legal basis 1. Article 50 of the Regulations on the Handling of Medical Accidents shall be calculated according to the following items and standards: (1) Medical expenses: Medical expenses incurred in the treatment of personal injuries caused by medical accidents shall be calculated and paid according to the evidence, but excluding primary medical expenses. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses. (2) Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred. (3) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred. (4) Escort fee: If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred. (5) Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years. (6) Disability appliance fee: if it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of medical institutions. (7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred. (8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years. (9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials. (X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials. (11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years. Article 98 of the General Principles of Civil Law of People's Republic of China (PRC). Article 106, paragraph 2: A citizen or legal person who infringes upon the property of the state or the collective or the property or person of others through fault shall bear civil liability. Article 119 Whoever infringes upon a citizen's body and causes injury shall pay compensation for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.