Chapter 5 2. 1% negligence and 100% pain

Mr. Hou Baolin had such a cross talk, satirizing the irresponsibility and carelessness of the doctor, who either left the gauze in the patient's stomach or threw the scalpel in the patient's stomach when performing surgery. The root zipper is convenient for opening and finding things at any time. Many people think this is a joke, humor, or artistic exaggeration, but it is actually a living reality. "Beijing Evening News" once disclosed the news that a hospital in Beijing left a hemostatic forceps in the patient's abdominal cavity after the operation, which caused a lot of shock among the citizens. Many readers voted for the newspaper and told the similar experience of themselves or their family members. .Soon after, "China Youth Daily" launched a discussion on this topic, and found that there are quite a few people who have suffered this misfortune.

On October 14, 1992, a farmer in a certain county in Beijing underwent surgery in a hospital for suffering from a duodenal ulcer.At the end of the operation and the last stitch in the abdominal cavity, when the nurse counted the surgical instruments, she found that a hemostat was missing, probably lost in the patient's stomach.An X-ray machine was used to show that there was a 17cm hemostatic forceps lying in the patient's abdomen, so he had to open the patient's abdominal cavity again and take out the hemostatic forceps.Sadly, the operating nurse said disapprovingly: "In fact, it didn't cause any loss to the patient." The numbness was extreme.Perhaps this kind of thing is not surprising to some medical staff, and the hospital's handling is also an understatement: the equipment nurse and the chief surgeon withhold bonuses.Unexpectedly, what is left to the patient is physical pain and even life-threatening.

A certain city hospital received an abdominal patient named Zhu.Due to the negligence of the surgeon, a 25-centimeter-long, 165-gram-weight intestinal compression board, one of the largest instruments in the surgical kit, was left in the patient's stomach for as long as 38 days. It is unusual to leave something in the abdominal cavity, and what is even more, there are gauzes left in the small vertebral body, and not one piece but six pieces.A farmer in a certain county in Shandong went to a hospital for treatment on April 25, 1989 because of a herniated intervertebral disc. Discectomy was performed on May 20.After the operation, the patient's condition worsened, the waist pain was unbearable, and a painless mass appeared in the drainage tube, and finally the mass ruptured and pus.Then I went to another hospital for an examination. It was suspected that there was a residue in the body after the operation, which caused an abscess of the external dural mater.For this reason, the patient had to be operated again, and six pieces of gauze were removed from the left side of the vertebral body.

According to the operating procedures, in addition to strict disinfection, inspection of anesthesia equipment, infusion equipment and other equipment before the operation, surgical knives, scissors, tweezers, forceps, needles, threads, gauze, cotton balls, gloves, etc. must be counted one by one. , Nothing can be missing after the operation, even dirty cotton balls and gauze.Many hospitals implement this set of procedures very strictly, but some hospitals, especially some county and township hospitals, often implement it unsatisfactorily. In May 1997, Kang, a woman in Jiangsu Province, went to the township health center for caesarean section due to childbirth. After the operation, the equipment nurse Li did not count the dressings and surgical instruments according to the regulations, resulting in a 16 cm long elbow vascular forceps Forgotten in Kang's belly.After enduring severe pain for more than two months, Kang punctured his small intestine with a blood vessel clamp, causing a large amount of intestinal contents to dissolve into the abdominal cavity, causing diffuse peritonitis, and died after rescue failed.

Coincidentally, when a farmer in Anhui Province underwent osteopathic surgery at the Chengguan Town Hospital of the county due to a fracture, the doctor left two balls of hemostatic gauze in the incision, causing infection after internal fixation, and the patient was almost amputated. On the afternoon of February 20, 1998, Chen Chunhua, a 23-year-old pregnant woman, went to the emergency department of Fu’an Traditional Chinese Medicine Hospital in Fujian Province to undergo a caesarean section. .This serious medical accident caused the patient's abdominal cavity to ulcerate, causing pleurisy, toxic myocarditis, double lower lung infection, myelitis and other diseases.After the case was reported by the news media, it aroused great repercussions across the country and attracted widespread attention from all walks of life. In February 1999, the Intermediate People's Court of Ningde District, Fujian Province held a hearing on the medical malpractice compensation case. Finally, after out-of-court mediation, the defendant, Fu'an Traditional Chinese Medicine Hospital, paid more than 110,000 yuan in medical expenses and living expenses, and then compensated the plaintiff. Chen Chunhua spent 50,000 yuan on various expenses.

In September 1992, after Gao in Wenzhou was diagnosed with advanced gastric cancer, his family members sent him to a large hospital in Wenzhou for gastrectomy. During the 3-month hospitalization period after the operation, the patient often experienced pain at the surgical site, accompanied by Have body fever symptoms.The hospital diagnosed peritonitis.At the end of the year, the patient was discharged from the hospital. Symptoms such as abdominal pain and high fever aggravated rapidly, and he was in great pain. Finally, he died.After the patient died and was cremated, the family members found a scalpel among his ashes.The family members believed that the scalpel was carelessly forgotten in Gao's abdominal cavity by the chief surgeon during the operation, but the hospital refused to admit it.Who is right and wrong is hard to say.But one thing is certain is that the patient's stomach will never grow a scalpel by itself.

Checking and checking equipment is a simple task. Our Dr. Ma Daha, you have not done such a simple thing well, how can you be expected to take up the sacred duty of saving lives and healing the wounded? Affected by pain and fear of death, Tao Lijuan spent eight years at a loss, like being in a nightmare that refused to wake up.Eight years later, the weak woman finally puffed up her chest and shouted—give me justice! In April 1991, 36-year-old Tao Lijuan underwent resection at the First Affiliated Hospital of Zhejiang Medical University because of a benign tumor in her right breast.The operation took her a long way.When the stitches were removed, there was still a large lump in the right breast. The surgeon explained that it was "congestion".From then on, as long as the scar is touched a little, it will be unbearably painful.As time passed, Tao Lijuan's doubts grew day by day, because the doctor and others said that the tumor may grow back after resection, and may transform into a malignant tumor.And the painful wound seemed to remind her constantly that her disease had not been cured and might relapse and worsen at any time.

No matter how open-minded and open-minded Tao Lijuan was, she could no longer relax under this shadow.Thanks to her husband's considerate care and repeated enlightenment, she has survived despair and terror time after time.Seeing the young child and the happy family, her heart couldn't stop throbbing again and again.All of this is inseparable from her, and she has just entered the most beautiful stage of her life.The disease not only affected her daily life, but even the normal sex between husband and wife was greatly affected due to the tenderness of the breast injury.The bulk of her energy, and the bulk of her life, was devoted to fending off the torment of her injuries and the fears of a life crisis.In this restless and tense state, she spent eight years at a loss.

Beginning in 1997, she discovered that there was a lump near the often painful scar. Tao Lijuan did not dare to go to the hospital after suffering from the operation, so she went to the pharmacy to buy "Baixiaodan" to "reduce the swelling" . In September 1998, Tao Lijuan finally plucked up the courage to go to the hospital again after repeated warnings and urgings from her family because of the constant stinging pain from the lump on the scar. She first went to a municipal hospital of traditional Chinese medicine in Hangzhou. After the "infrared breast examination", the hospital determined that it was a tumor and requested immediate surgery.Tao Lijuan, who was really afraid of the operation, was unwilling to receive a second incision on the same part, and went to Zhejiang Second Hospital, Tumor Hospital, Provincial College of Traditional Chinese Medicine, Provincial Hospital of Traditional Chinese Medicine and other large hospitals to seek medical treatment. "Breast High Frequency Mammography".When her husband went to pick up the film, the doctor refused to give the film and asked Tao Lijuan to go there by herself.After eight years of fear, Tao Lijuan seemed to see the most terrifying day finally coming. She meditated on the calmness and dignity she should maintain when hearing the bad news, and even began to arrange the funeral.However, when she arrived at the hospital, the doctor did not give her a film immediately, but asked her in detail about her illness and operation, and finally said seriously, our director will examine you in person.

Tao Lijuan had the demeanor of a general who would not be in a mess when things came to an end, and she thought to herself that since it is today, she can do whatever she wants.Unexpectedly, after the director re-examined her personally, several people discussed with them and solemnly told her that there was a metal foreign body left over from the last operation, and now there is no tumor growing, but a granulation formed by the metal foreign body left over from the operation. pack! It was as if thunder had erupted on the flat ground. I thought it was a natural disaster, but I didn't think it was a man-made disaster!She was excited, wronged, and angry, and her first thought was to ask the First Affiliated Hospital of Zhejiang Medical University to clarify.Her husband called the Medical Affairs Department of Zhejiang Medical First Hospital, explained the situation, and left his home phone number and his own pager, hoping that the hospital would have an explanation.But two days passed, and there was no news from the hospital.The husband had to call the Medical Department of Zhejiang No. 1 again, and the person who answered the phone was still the same section chief as last time. He said impatiently that the results of the external inspection may not be correct, and he needs to do another inspection, and consider surgery after the results are confirmed. .

After waking up from the nightmare, Tao Lijuan had just dispelled the cloud in her heart, and poured another basin of ice water on her.She originally thought that because of the metal foreign body, she had been terrified for eight years, lost her health and joy, and lost eight years of her precious life.Such a thing happened to such a famous and famous hospital, it is always reasonable to come to have a look and understand the situation.Unexpectedly, the hospital was a sham power from the beginning, and it didn't have the slightest thought of taking the suffering of patients seriously. On October 11, 1998, the "high-frequency mammography of the breast" examination conducted by the First Hospital of Zhejiang Medical University once again confirmed the existence of metal foreign bodies - the tails of surgical suture needles.This should have been an easy problem to spot: the needle broke and the stitches couldn't be done.For some reason, it was not detected.So far, the hospital has nothing to say, and proposes to do another operation at the hospital free of charge to rule out metal foreign bodies and lumps. On October 26, Tao Lijuan and Zhejiang Medical First Hospital signed an agreement on this matter. Both parties believed that the metal foreign body was caused by the operation in 1991, and there were three main contents as follows: 1. The hospital is responsible for the operation to remove the metal foreign body in Tao Lijuan's right breast and remove the tumor around the foreign body; 2. All expenses for surgery and nursing are exempted until Tao Lijuan recovers; 3. Tao Lijuan's compensation for loss of work and physical injury caused by this will be negotiated separately. Tao Lijuan said that another dumbfounding thing happened before the operation.When the doctor talked before the operation, he found that the medical records in the doctor's hand had written the left breast as the right breast to be operated on.Facing such a patient who suffered so much due to the hospital's mistakes, such a mistake would occur at such a critical moment. At the request of Tao Lijuan and her family members, the hospital arranged for Dr. Huang Zhongying, who is in charge of the job and has excellent medical skills, to perform the operation, and the effect of the operation was very good.Tao Lijuan was very satisfied, and she felt grateful when Dr. Huang was mentioned. Even talking about the same part, the two people have different effects.The pain was much less, the wound healed well, and he was discharged from the hospital soon. In a flash, more than a month passed, and the No. 1 Hospital of Zhejiang Medical University remained silent, without mentioning the third item in the agreement, the matter of negotiating compensation. Tao Lijuan, who is open-minded by nature, became angry.The sound of the preamble before admission to the hospital is still in my ears. Is it possible to ignore it once a person is discharged from the hospital?Or must the victim stand lowly before them in exchange for some pathetic handout?She and her family puffed up their chests and made up their minds to seek justice for themselves. First, I called a certain section chief in the hospital who handled the matter, but I couldn't find him, so I went to the director. On December 28, 1998, Tao Lijuan sent a written request for compensation for various losses totaling 98,221.91 yuan.After that, Tao Lijuan was finally able to talk face-to-face with the lawyers and the representatives of Zhejiang Medical First Hospital.During the negotiation, the hospital stated that there was no mental compensation at all. According to the "Medical Malpractice Handling Measures", only 4,000-5,000 yuan will be paid for the death of a person, and Tao Lijuan can only consider compensation between 5,000-10,000 yuan at most, and stated After reading the hospital's "expert opinion", they believed that the hospital was not responsible for Tao Lijuan's pain, and that Zhejiang Medical No. 1 Hospital was very busy with work and had no time to entangle her. If she disagreed, she could resolve it through legal means. According to Tao Lijuan, after the incident, Tao Lijuan's husband called a vice president of the First Hospital of Zhejiang Medical University. The vice president stated "expert opinions" again on the phone, mainly including four points: 1. The metal foreign body is very small. At that time (referring to the first operation), it would be more painful for the patient to insist on taking it out; 2. The metal foreign body is made of stainless steel, which will not cause infection like gauze; 3. The pain at the scar is caused by breast hyperplasia, and metal foreign objects will not cause pain; 4. No compensation, only compensation. There is no need to comment on the difference between the above four points and the agreement signed by the hospital before the second operation, as people with discerning eyes can easily see it. On January 8, 1999, Tao Lijuan complained to Zhejiang Economic Broadcasting Station by phone about her experience in the No. 1 Hospital of Zhejiang Medical University.After the broadcast on the radio, a medical worker with a sense of justice called her and told her that the answer given by Zhejiang Hospital No. , Impossible to stay still, how can it not hurt? ! A doctor in the Department of Surgery of the Provincial Hospital of Traditional Chinese Medicine who repeatedly told not to reveal his name, with the conscience and sense of responsibility of a medical expert, also refuted the words of his colleagues—— Since the metal foreign body exists and has not been diagnosed for more than seven years, it has caused pain to the patient. This involves a certain sense of responsibility, and the hospital is responsible.Whether it is granulation wrapping or breast lobular hyperplasia can be concluded through pathological section examination and expert consultation.Just as the absence of cancer cells in a biopsy does not prove that cancer does not exist, it cannot be simply concluded that there is no granulation package through a biopsy.Even if it is breast lobular hyperplasia, there is no granulation package, and it cannot be said that the metal foreign body is not directly related to breast lobular hyperplasia. If the pain and fright experienced in the past eight years is like a nightmare, Tao Lijuan and her family can still support each other and walk through it. When they were full of grievances and injustices and wanted to find an "explanation", they suffered in the First Hospital of Zhejiang Medical University. With such cold eyes and contempt, she could hardly bear it any longer.This hospital not only dealt a blow to her dignity, but more fatally, it dealt a blow to her confidence in human beings and our thriving world.She decided to take up the last weapon - the law, to recover her due dignity and loss.She does not believe that China is unreasonable. I don't know whether it is a coincidence or necessity, when Tao Lijuan was preparing to confront the court of the First Affiliated Hospital of Zhejiang University, the "China Youth Daily" on January 6, 1999 published a lawsuit that had just been fought by the First Affiliated Hospital of Zhejiang University. .The plaintiffs in the lawsuit are Chen Jiani, an 8-year-old girl who lives in Jianggan District, Hangzhou, and her attorney. The reason was that her right eye was sick, but her left eye was stabbed.The Chen family sued to the People's Court of Shangcheng District, Hangzhou City. The "Appraisal Opinion on Chen Jiani's Patient's Medical Events" provided by the Medical Malpractice Appraisal Committee of the First Affiliated Hospital of Zhejiang Medical University was used as an important basis for the court's judgment.The opinion concluded that the Chen Jiani incident "is not a medical malpractice".According to the judgment of the People's Court of Shangcheng District, Hangzhou City, Chen Jiani and her attorney lost the lawsuit. Despite the above cases, Tao Lijuan always believes that the law is fair.She filed a lawsuit with the court on January 8, 1999, and her case was heard in the same court as that of Chen Jiani.Whether Tao Lijuan's metal foreign body should remain in the body after the operation, whether it is harmful in the body, and whether it will affect life and health, the court has to make its own judgment. Someone advised Tao Lijuan that the current identification of medical accidents is generally carried out in the same industry or even in the unit, and most of them belong to "I identify my son" or "I identify myself". Who can guarantee you a fair identification?What's more, even if the appraisal is in favor of Tao Lijuan, the compensation standard is currently mostly in accordance with the "Medical Accident Handling Measures" issued by the State Council in 1987.This is another reason why medical units are willing to file lawsuits but victims are reluctant to file medical lawsuits and medical lawsuits are protracted.Most people think that Tao Lijuan's prospects for a lawsuit are more ominous than good. But Tao Lijuan said that she must get back the dignity lost in Zhejiang Medical First Hospital.This is the backbone of her life, and she cannot give it up. Now, she wants to let some people in Zhejiang Medical First Hospital understand that as a human being, they should respect other people. If they are unwilling to understand this truth, let the law teach them to understand it. . Tao Lijuan said: I did this not only for myself, but also to save many patients from suffering misfortune.We don't know whether Tao Lijuan's good wish will come true. A broken needle caused Tao Lijuan to suffer eight years of physical pain and mental torture, while another broken needle caused Ye Boning and Feng Jinhua to endure unspeakable sexual damage for 20 years.This is a case of sexual injury medical accident disclosed in the 9th issue of the magazine in 1997. In 1976, Ye Boning, a 27-year-old young worker in the forging workshop of Shanghai Sifang Boiler Factory, was introduced to Feng Jinhua, a female milling machine worker at Shanghai Qiuxin Shipyard. Central Hospital successfully gave birth to a son weighing 6.5 catties.Feng Jinhua, who was a new mother, was elated. Although the wound she had undergone childbirth surgery was a little painful, Feng Jinhua, immersed in the joy of being a mother, silently endured it. After 7 days, Feng Jinhua mother and son were discharged safely after the doctor's examination. However, the pain in Feng Jinhua's lower body did not ease at all. 42 days later, when Feng Jinhua went to Zhabei District Central Hospital for a reexamination, he specifically stated his condition to the doctor.The doctor immediately diagnosed it as mild cervical erosion and treated it as inflammation. Husband and wife have a deep relationship, and married life is inevitable, but Feng Jinhua always refuses it on the grounds of pain. "What's wrong? Look at it in pain, wouldn't I become a useless person if this continues?" Ye Boning's self-esteem was hurt.He really couldn't understand why his wife before and after becoming a mother was so different. My wife's condition is still deteriorating, and the pain in her lower body affects her thighs and waist. She used to stand for several hours doing milling work without feeling tired, but now her waist is so sore after standing for half an hour, and her legs are also swollen and accompanied by cramps. Don't When it comes to cycling, even walking is painful.Feng Jinhua, who holds a fourth-level certificate, had to give up his beloved milling machine job in tears to take care of the locker room, which cost him more than 170 yuan a month.Even if she changed to an easier job, she could only lie in bed like a sick person when she came home from get off work every day.Ye Boning went to work during the day, and when he got home, besides doing housework, he had to massage his wife's waist and thighs to relieve her pain, and at night he had to endure sexual suffering—this series of heavy burdens almost crushed Ye Boning. In order to avoid being tortured, Ye Boning bought a small bed and slept in separate beds with his wife.He used to like to watch Taiwanese life movies, but he didn't dare to watch them anymore. He was afraid that the scenes of cuddling, hugging, and me and me would cause endless troubles and make it difficult to sleep at night.Seeing her beloved husband getting thinner, older and less talkative, Feng Jinhua was heartbroken, so she had to cry secretly under the quilt. In 1995, Ye Boning was 47 years old.After celebrating his birthday, Ye Boning was full of emotions: 16 years of being a couple, but less than a year of enjoying real married life - the good times of life have passed.Have you ever been a real man in your life?After drinking, Ye Boning confided to his friend the depression of the past 16 years.At first his friend couldn't believe it, but when he understood what was going on, he immediately helped the couple contact the Obstetrics and Gynecology Hospital of Shanghai Medical University and asked them to go for a check-up on September 14. Feng Jinhua didn't want to go at first: in the past 16 years, her legs have been broken from running, and the medicines have been exhausted, but her illness is getting worse day by day. She has long since given up any hope in the hospital.But for the sake of her husband, she couldn't bear it, and finally went.However, this day is too important for the middle-aged Feng Jinhua.The crux that has troubled the couple for 16 years was finally found: it turned out that there was a curved surgical guillotine in Feng Jinhua's perineum, which was left by the irresponsible doctor when Feng Jinhua gave birth.It was this curved guillotine, like a sharp knife, that cut off their married life mercilessly.This kind of mistake was really unacceptable. The natural birth operation was not complicated. As long as the doctors were a little more careful at that time, the life of Feng Jinhua and his wife would not have been so tragic. Ye Boning was filled with grief and joy, tears welled up in his eyes, Feng Jinhua learned from the pain and wept bitterly again.They finally woke up from the nightmare, but they didn't know that the nightmare would continue to haunt them. Ye Boning and his wife got angry. They approached the director of Zhabei District Central Hospital and asked the director to give an explanation. "It won't affect the couple's sex life. It's enough to get the surgery out of the hospital." After listening to their complaints, the dean actually expressed his position in such an understatement. Ye Boning was trembling with anger, looking at his wife who was tortured by the disease and was as thin as a stick, he couldn't help asking the dean: "How do you know that it won't affect your sex life? I'm the client, don't I know it before you?! You too Man, I endured 16 years of suffering, you should know what it's like!" "Our request is not too much! I must ask them to compensate me, give me back my youth, give back my health, and give back my husband and wife relationship!" Feng Jinhua finally couldn't bear it anymore, and stepped into the gate of Zhabei District People's Court. The judge expressed deep sympathy for their situation, but there was nothing they could do, because according to regulations, medical malpractice must be appraised by the medical department before it can be accepted. But no one gave her an appraisal, and no one gave them even a word of comfort. More than 6 months have passed and there is still no news! After several petitions, negotiations, and failures, Feng Jinhua endured physical and mental suffering with a broken needle in his body, and ran around calling for signs, but got nothing. In desperation, Feng Jinhua thought of the Shanghai Women's Federation.She thought that if her "natal family" could not support her, then she would really have nowhere to seek justice. The Shanghai Women's Federation warmly received them and immediately introduced them to Lu Yongzhang, a lawyer from Shanghai Kangzheng Law Firm.Lawyer Lu Yongzhang listened to Feng Jinhua's cry and saw the X-rays. The retired lawyer who was a professor at Xinhua Hospital and the director of the Children's Research Center said angrily, "Who says it won't affect your sex life? Bullshit!" With the support of this upright lawyer Next, Ye Boning and his wife did not go to the Zhabei Health Bureau for medical malpractice identification, but applied to the Shanghai Higher People's Court in the name of Shanghai Kangzheng Law Firm to perform a forensic medical biopsy for Feng Jinhua. On March 25, the report came out, and the conclusion of the test was: "The testee Feng Jinhua left a curved needle in the soft tissue above the episiotomy during childbirth, which affected the normal sex life of the husband and wife, and had a certain impact on daily life and work." When Ye Boning and Feng Jinhua received this authoritative forensic medical examination report, they were filled with sorrow and joy. On June 6, 1997, with the approval of the court, Feng Jinhua was admitted to the Obstetrics and Gynecology Hospital of Shanghai Medical University, and took out the curved guillotine that had tortured her for more than 18 years.