Recently, a woman used fumigation to lose weight for physical therapy. As a result, she developed symptoms of infection and poisoning, and died after many days of coma. Pinggu court ruled in the first instance that the fumigation hall involved in the case compensated 732,500 yuan. It is understood that this case of TCM physical therapy steaming poisoning death is the first case in Beijing.
In the process of obtaining evidence in this case, it was found that there was a part of powder in the fumigation bag, and it was impossible to distinguish what kind of substance it was.
Visiting some wholesale shops of foot bath and steamed medicine bags in Beijing, I found that these medicine bags are as cheap as a few cents a pack. According to the manufacturer's address provided by the merchant, the reporter found a medicine bag manufacturer in Shandong. Manufacturers bluntly say that the main raw materials of foot bath powder they produce are pepper and crude salt, but the name of traditional Chinese medicine saffron is printed on the packaging belt.
On July 22, 20 13, Mr. Xu's wife, Ms. Hu, fumigated in the traditional Chinese medicine physiotherapy fumigation hall of Quzi Health Fitness Center. Unexpectedly, after fumigation 1.5 hours, symptoms of nausea and vomiting appeared, consciousness began to be unclear, limbs moved involuntarily, accompanied by palpitations.
Mr. Xu originally asked to send his wife to the hospital immediately, but the staff in the fumigation hall told him that he would get better in two hours and prevented him from sending his wife to the hospital for treatment.
Unexpectedly, after two hours, the wife's symptoms not only did not improve, but there was a trend of aggravation. Mr. Xu immediately sent his wife to hospital for treatment. However, despite the hospital's efforts, he still failed to save the patient's life. On March 14, his wife, Ms. Hu, passed away. Mr. Xu said that his wife had been in a coma for more than seven months before her death, and her face was black and blue. Diagnosed by the China-Japan Friendship Hospital of the Ministry of Health, Ms. Hu died of toxic shock.
After the incident, Mr. Xu and his family sued Zhang and Liu, who run Quzi Fitness Center, to the court on the grounds of disputes over their rights to life, health and body, demanding that the fumigation center compensate them for their medical expenses, accommodation, death compensation, funeral expenses and other economic losses1223,300 yuan.
After inspection, there are 7 kinds of Chinese herbal pieces, such as Fructus Toosendan, Thallus Laminariae, Pericarpium Arecae, etc. However, some of them have been ground into coarse particles or fine powder, and the appearance characteristics are not obvious enough, so some of them cannot be confirmed.
According to the test report submitted by China-Japan Friendship Hospital to the Toxicology Laboratory of 307 Hospital affiliated to Academy of Military Medical Sciences, the results showed that the contents of mercury, lead, thallium and cadmium in the submitted serum did not exceed the normal value, and no other poisons were detected in the submitted blood and urine.
The Pinggu Court held that Ms. Hu went to the Quzi Health Slimming Hall operated by Zhang and Li Mouling to receive fumigation service, and a service contract relationship was formed between the two parties. Zhang and Li Mouling should ensure the safety of the services provided.
Zhang and Li Mouling, as operators of fumigation services, provided fumigation services for Ms. Hu without determining in advance whether her physical condition was suitable for fumigation and without fully informing her of the precautions. After a long period of high-temperature drug fumigation, Ms. Hu had adverse reactions such as nausea, vomiting and palpitation. After eating, she had symptoms such as unconsciousness, nonsense, fidgeting and involuntary movement of her limbs. After she had an adverse reaction, she misjudged and didn't go to the hospital in time.
It was found through trial by the court that Ms. Hu's hospitalization medical records recorded that the external causes of injury poisoning were unknown fumigant poisoning and unknown contact with hydrothermal solution and hot air. Therefore, there is a causal relationship between Ms. Hu's death and receiving fumigation services.
However, the four plaintiffs, as the family members of Ms. Hu, cremated her after her abnormal death without autopsy, which made it difficult to identify the causal relationship between Ms. Hu's death and fumigation, and the adverse consequences caused by this were borne by the four plaintiffs.
As for the proportion of responsibilities that Zhang and Li Mouling should bear, the court determined that the actual operators of the fumigation hall were Zhang and Li Mouling, and the registered owner was Li Mouying, so Li Mouying and Zhang and Li Mouling were jointly and severally liable.
Zhang said that Ms. Hu's death may have been caused by medical mistakes, but she did not provide evidence or sufficient reasons for this, so the court refused to accept it.
To sum up, Pinggu Court ordered Zhang and Li Mouling to jointly compensate the family members of the deceased for medical expenses, accommodation, death compensation and funeral expenses of 732,500 yuan within 10 days after the judgment came into effect, and Li Mouying was jointly and severally liable for compensation.