On September 2, 2003, Chen Xuejiao was introduced by a friend and came to a hospital in Huai 'an. According to Chen Xuejiao's request, the hospital suggested liposuction, and Chen Xuejiao agreed. On the same day, the two sides signed a surgical consent form according to the surgical procedure. In the operation consent, the hospital specifically informed the medical risks of the operation. Article (4) states: "Recurrence, subcutaneous hematoma, infection, early skin wrinkles."
The next day, the hospital began to operate on Chen Xuejiao. Before the operation, the surgeon and Chen Xuejiao agreed on the scope of aspiration. During the operation, the doctor took 1500 ml of fat fluid from Chen Xuejiao's left thigh and buttocks, and 1600 ml of fat fluid from his right thigh and buttocks. Two days after the operation, Chen Xuejiao asked to be discharged. Therefore, Chen Xuejiao spent 3550+0 yuan medical expenses.
Body deformation, lawsuit.
After the operation, Chen Xuejiao was filled with joy when she thought that she would be slimmer and more beautiful. However, with the passage of time, Chen Xuejiao found himself walking a little uncomfortable. At first, she didn't take it to heart, always thinking that she was still recovering, and it would be natural when she was fully recovered. However, a few months later, it was still ugly to walk by myself, and an ominous premonition came to my mind: Did my operation fail?
One day, standing in front of the mirror, she suddenly found her thighs and buttocks uneven and asymmetrical. "God, how did this happen?" Chen Xuejiao faced his deformed body. I was in pain and cried many times for it. Now she is afraid to go shopping, wear beautiful clothes, associate with people and stand for a long time. To this end, she consulted the hospital many times, but the hospital refused to take responsibility on the grounds that the hospital had no responsibility. Then she simply avoided it. Chen Xuejiao, aggrieved, filed a lawsuit and took the hospital to the dock.
Chen Xuejiao claims that I am in good health, but my appearance is affected by the accumulation of fat on my hips and thighs. Seeking treatment in the defendant's hospital, the hospital suggested liposuction and cosmetic surgery. He was admitted to the hospital on September 2, 2003 and operated on September 3. After the operation, my thighs and buttocks were uneven and asymmetrical, and I couldn't walk freely for a long time. The operation not only failed to play a cosmetic role, but also damaged my health, and the operation was a complete failure. After the operation, I have been negotiating with the hospital, asking the hospital to bear part of the medical damage compensation responsibility for the operation failure. The hospital used my experience in dealing with disputes between doctors and patients to shirk responsibility. Due to the lack of skills of hospital doctors, improper preoperative design and intraoperative operation, the operation failed, which damaged my health and appearance, and caused me to need plastic surgery. I failed to fulfill the obligation of informing stipulated in the Measures for the Administration of Medical Beauty Services, and requested the District Court to order the defendant to compensate the plaintiff for medical expenses, mental damage compensation, lost time and other expenses totaling 26,090 yuan.
After the operation, due to the obvious difference in thigh thickness, Chen Xuejiao applied to Huai 'an Huaiyin District Health Bureau to entrust Huai 'an Medical Association for medical malpractice appraisal. On March 8, 2005, Huai 'an Medical Association made a technical appraisal of medical malpractice. The fifth item of the appraisal is on-site physical examination: the patient's general condition is acceptable, with uneven thighs and buttocks, asymmetric left and right, and no redness, tenderness and dysfunction (normal exercise and walking) in both lower limbs. The analysis opinions of "Technical Appraisal of Medical Accidents" are as follows: ① The medical behavior of the medical side did not violate the laws, administrative regulations, departmental rules, norms and routines of medical treatment and nursing. ② The patients' thighs and buttocks are uneven, and the left-right asymmetry is a common complication after liposuction. To sum up, the doctor is not responsible. Conclusion This case is not a medical accident.
The hospital thinks that some of Chen Xuejiao's complaints are untrue. First, the role of surgery is mainly to reduce fat, which is the same as before surgery, and it is impossible to exceed this range during surgery. The current situation in Chen Xuejiao is due to the failure of fat extraction from the lower thigh, and the operation is not over yet, so it is necessary to continue fat extraction according to the situation; Second, the operation is completely up to standard. According to the appraisal made by Huai 'an Medical Association, this case is not illegal and the hospital is not at fault. Request to dismiss the plaintiff's claim.
When the gavel falls, right and wrong will be judged.
The court of first instance held that citizens' right to life and health was protected by law. The defendant's hospital is performing liposuction for the plaintiff's buttocks and thighs, which cannot be completed at one time. The plaintiff's thighs and buttocks are uneven and asymmetrical, which is a common complication after liposuction. However, the hospital did not explicitly inform the plaintiff of this matter in the consent form for the operation, but only informed that there might be "early skin wrinkles", which violated the plaintiff's right to know and made the plaintiff lose the opportunity to choose whether to agree to the operation. The hospital should make some economic compensation and award the defendant RMB 3,000 as compensation.
After the judgment of the first instance. Chen Xuejiao refused to accept, and appealed to Huai 'an Intermediate People's Court. In the appeal, Chen Xuejiao proposed that the first-instance judgment found that the hospital violated my right to know and only required the hospital to make certain economic compensation, which lacked legal basis; The conclusion of medical malpractice appraisal based on the judgment of first instance is obviously lack of basis and cannot be used as the basis for finalizing the case. The first instance found that the hospital did not fulfill its obligation of comprehensive notification, which violated the facts that I knew. It has been proved that the hospital is at fault in the medical process. Moreover, after the damage results appeared, the hospital failed to judge and take correct and timely measures to remedy, but let the damage continue to develop. Therefore, the conclusion of Huai 'an Medical Association that "doctors have no responsibility" obviously lacks factual basis, and this case should be re-appraised.
The hospital made an oral defense: the operation performed by the hospital for Chen Xuejiao was completely up to standard, and there were no other faults and negligence during the operation, so the doctor should not be liable for compensation; This operation only plays a role in reducing fat, and general cosmetic surgery needs to be done many times. Therefore, we can't judge the success or failure of an operation from the result of an operation, claiming that the injury is completely inconsistent with the facts, and there is no legal basis for re-appraisal.
After hearing the case, the court of second instance held that after consultation, the hospital performed liposuction on Chen Xuejiao's buttocks and thighs, forming a medical service contract relationship. The plaintiff claimed that the hospital did harm to himself during the operation, but Huai 'an Medical Association identified that the operation could not be completed at one time, and the plaintiff's thighs and buttocks were uneven, which was a common complication after liposuction. Therefore, this complication does not belong to the damage consequences caused by surgery. It was found in the first instance that the hospital only informed that there might be "early skin wrinkles" in the consent form for the operation, and failed to fulfill the obligation of comprehensive notification, which violated the plaintiff's right to know and made the plaintiff lose the opportunity to choose whether to agree to the operation, thus confirming the responsibility that the hospital should bear and judging the hospital to make certain economic compensation to the plaintiff. The plaintiff asked the hospital for high economic compensation on the grounds that the hospital violated his right to know and was at fault, and there was no follow-up operation and sufficient evidence to prove the existence of damage facts. There is no factual and legal basis. The plaintiff thought that the appraisal report of Huai 'an Medical Association could not be used as the basis for finalizing the case, and applied for re-appraisal. After investigation, the appraisal conclusion, as evidence, can be overturned without evidence to the contrary.