Chapter 22 Chapter 6 Medical Appraisal: How Much Bitterness and Tears

For Mu Yaosheng who doesn't understand medicine at all, he didn't know if his son had appendicitis back then, so he could only listen to the doctor; now, he doesn't know if his son's appendix was cut by mistake, he wants to hear professional.But he didn't get the answer... A report by Ren Yanbin, a reporter from "China Youth Daily" on January 20, 1999, told the bitter story of Mu Yaosheng carrying his appendix for identification. On May 11, 1997, Mu Yaosheng's 13-year-old son Mu Maolin was admitted to Hohhot Railway Central Hospital due to tonsil inflammation and high fever.The doctor on duty, Wang Ning, diagnosed him with acute appendicitis.Mu Yaosheng recalled: "It was Sunday, and I couldn't find anyone in the laboratory. In the absence of a test, the doctor Wang Ning said that he would operate on his son. After my objection was invalid, I followed the doctor's arrangement." In this regard, the court denied it, but did not produce relevant evidence.

Before the operation, the doctor Wang Ning violated the regulations and asked for a red envelope. "After the operation, Dr. Wang gave me the excised appendix organ and muttered that the appendix was fine." Mu Yaosheng said, "Later, another doctor in the hospital suggested that I ask Wang Ning for a pathological examination. But Wang Ning said that (the operation) has been more than 40 minutes and can’t be done.” The next morning, Mu Yaosheng took his son’s appendix organ to find Director Zhao of the hospital’s surgery department, and the director told Mu that (the operation) exceeded six Hours, pathological examination can not be done.That afternoon, Mu went to two other hospitals in Hohhot with his appendix, but the two hospitals expressed their reluctance to intervene in the matter.

Four days later, Mu Yaosheng finally found Director Sun of Hohhot Railway Central Hospital.The dean accepted the appendix organ and expressed his willingness to undergo pathological examination. "After more than two months, we got the test result: it was appendicitis." Mu Yaosheng said, hearing the result, he felt that he had been fooled.He didn't know when the pathological examination could be done and how to do it, and he didn't understand at all. Afterwards, Mu Yaosheng called the relevant department of the Ministry of Health and consulted about the different "pathological examination time limit" stated by various doctors before, and the answer he got was: the pathology done after four days is not true.

But what made Mu Yaosheng and his wife even more painful was that during the above-mentioned operation, anesthetist Ning Rong touched his son's nerve root during anesthesia, causing Mu Maolin's "lumbosacral nerve root injury".Mu Maolin's father, Mu Yaosheng, said: "After the operation, the child's left leg was numb and weak, and his muscles were atrophied. The left foot is still numb, unable to walk, and unable to go to school." Financial compensation of 40,000 yuan to Mu Maolin, and responsible for his follow-up treatment until he recovered, refund of red envelopes, etc.Early last year, Mu Yaosheng took his son to Shanghai Huashan Hospital for treatment. On August 12, the Hohhot Railway Central Hospital believed that after more than a year of various treatments, Mu Maolin had achieved a clinical cure, and there was no need to seek medical treatment in other places, and suspended the original agreement.

Mu Yaosheng could not accept the hospital's decision.Mu Yaosheng said that he didn't really want to be serious about "whether the appendix was cut wrong", as long as the hospital can cure the child's illness.But now that the hospital unilaterally terminated the agreement, he could only bring up the old matter again.But Mu Yaosheng's biggest problem was that he really couldn't come up with a black and white identification to prove that his son's appendix was cut by mistake.He's running around, calling out -- who can give me a medical appraisal? In the more than a year after the child's operation, Mu Yaosheng went back and forth many times to the health and medical departments in Inner Mongolia, but he almost never got a clear answer.

Mu Yaosheng approached the Medical Administration Department of the Inner Mongolia Health Department, and a person in charge replied that the railway hospital was in charge of the Health Department of the Hohhot Railway Bureau, and they should make the identification of medical accidents. According to the person in charge's instructions, Mu went to the Health Department of Hutie Bureau.But Liu Kuanhe, director of the department, said that according to the 1987 State Council's "Medical Malpractice Handling Measures", medical malpractice appraisal is organized and implemented by the local health department, and the railway bureau, as an enterprise, has no power to organize appraisal.Moreover, according to the procedures, the hospital should first make an identification.

So, Mu Yaosheng returned to the hospital and got a letter of opinion that "it is not a medical malpractice".According to Director Liu Kuanhe, Mu approached the Medical Administration Department of the Hohhot City Health Bureau.This time, he got the answer: the railway hospital is not under the local management, and we have never conducted an appraisal for medical disputes in the railway system. In this way, holding the opinion of the hospital, Mu Yaosheng approached Director Liu again to ask for an appraisal, and Liu repeated what he said last time.Mu Yaosheng said to the reporter with a sad face: "Facing so many power departments, I really don't know what to do."

A reporter from China Youth Daily once went to Hohhot Railway Central Hospital with Mu Yaosheng to investigate and interview.Regarding the difficulty in resolving medical disputes, a reporter from the newspaper talked with Liu Yunhu, director of the hospital's medical affairs department.Liu Buwu said frankly that, in fact, no matter the identification made by the hospital itself or the identification of the health department that ultimately plays a decisive role, it all depends on the responsibility of the identification experts.There is no legal oversight of this identification process. "This is a defect," Liu Yunhu said. "At present, there is no unified special law on medical care in our country, and medical accidents are all handled by the administrative department without legal intervention. Changing this situation will be beneficial to both hospitals and patients. It will be much more convenient.”

In fact, the problem that Mu Yaosheng is currently facing is also a common problem encountered by patients in medical disputes.Relevant experts pointed out that since the current system for handling medical disputes in our country is not perfect, the power of individual patients is obviously at a disadvantage in comparison with the power of hospitals and the health departments that manage hospitals. During the days when medical malpractice identification was required, Mu Yaosheng felt like a ball being kicked around.The worker at the Haye Hutong quarry of the Hohhot Railway Bureau said with emotion: "If the country had a relevant law, I wouldn't be running around so thoughtlessly."

Mu Yaosheng was carrying his appendix to search everywhere for appraisal, which is enough to make us sad, but helpless Yu Hongxue knelt down with his son's skull in his arms and asked medical experts for a fair appraisal, which made us feel even more sad--medical accident has taken away The life of a child, and the medical appraisal is tormenting the heart of this seven-foot man... Yu Hongxue, a firefighter in Jiagedaqi, Heilongjiang Province, worked hard to protect the fire safety of the people of Jiagedaqi, but he was powerless to protect his son from medical accidents.This strong northeastern man told the whole Chinese people about the injustice suffered by a little life and the suffering he experienced.

According to "Law and Life" No. 7 report in 1998: At about 11 o'clock on November 3, 1996, Yu Hongxue took his son Yu Yue to the Jiagedaqi District People's Hospital to see a doctor.Xiao Yue, who had a fever and a cough, arrived at the hospital and ran up and down stairs with her father.Everyone thought it was a minor illness, but who would have expected that 8 hours later, Xiao Yue would lie down in the freezer in the morgue. "The doctor on duty at the hospital first diagnosed an upper respiratory tract infection, and prescribed eight penicillin 800,000 units and a bottle of hay tablets. After 20 minutes, the nurse thought it was okay to take the medicine liquid out of the vial, but she took four penicillin penicillins of 1.6 million units as a spare, obviously not the same batch number as the one used for allergy testing. Yu Yue said to me, Dad, I feel bad, feel bad! I’m cold and I’m thirsty. I held his hands, and those little hands were so cold. I saw his little mouth was lead-colored, and felt like my heart was about to break. I went to the nurse, and the new nurse took out the needle, injected dexamethasone again, and called the doctor on duty. The doctor on duty gave the child another "high sugar", but Yu Yue started to convulse at this time. Nurse, doctor After giving him an injection of Antongding, he took 'chloral hydrate', said to be a sedative such as a hibernating injection, and pushed the child through the anus. Seeing the child's distress, I really knelt down, Said to save my child. Soon, the child became drowsy, panting unconsciously at first, and then became incontinent. At around 3 p.m., the nurse on duty said that the doctor said nothing was wrong, and the child would not wake up until 10 p.m. , anyway, the medicine is used up, so I can sleep wherever I sleep, so I can go home." Yu Hongxue went to find a taxi outside the hospital. When his wife Kong Dehua got into the car with his son in his arms, the nurse told him that if the child had a high fever after waking up, he could take the Suomi Pain prescribed by the doctor and continue the intravenous drip tomorrow.During the more than three hours at home, Kong Dehua, who had been staying by the bed, wiped away tears, and found that the child was getting more and more uncomfortable, so Yu Hongxue rushed to the hospital again.It turned out that the doctor was off work, and another female doctor was on duty in the ward. After hearing Yu Hongxue's narration of the whole diagnosis and treatment experience, the doctor said that it was all right and there was no need to bring the baby.When Yu Hongxue returned home, he saw his son opened his eyes and couldn't speak, but bit his fucking finger with his mouth.Seeing his son's distressed appearance, with foam coming out from the corner of his mouth, Kong Dehua grabbed her husband's hand in panic and cried, "We can't listen to the doctor, so hurry up and take a taxi to the hospital!" The couple came to the ward with their son in their arms. It was the same doctor who didn't take the temperature or blood pressure. He said, "Don't you believe in our hospital? We've been through this for a long time, so there's nothing wrong with it." After she finished speaking, she turned and left. open.Seeing that, Yu Hongxue became anxious, so he stopped the doctor and said that his son's illness was serious, and the doctor finally asked him to go to hospitalize his son. When Hong Xue came back after completing the formalities, he found that his son had been carried into the emergency room of the pediatrics department.Seeing the busy doctors and nurses running around her son, listening to the yells of "Finagan" and "Stimulus", the female doctor who said her son was fine just now sighed, "Why so fast!" A man The doctor gave his son artificial respiration... Everything became clear. Yu Hongxue and his wife Kong Dehua were trembling all over and their eyes were dim. Yu Hongxue knew that he could not fall because his wife had passed out.In a trance, he heard the female doctor say that the child was dying, but he didn't hear what disease his son had. He heard the male doctor tell him that he could consider an autopsy or an appeal the next day, but Send your son's body to the morgue.He can't remember how he sent his wife to a friend's house, but he remembers how he put his son, who was running in the bright sunshine 8 hours ago, calling his father, and stuffing it into the mouths of his father and the nurse. Chocolate's son, carried into the horror mortuary freezer. Yu Hongxue recalled sadly: "After my son passed away, I took my wife to a psychiatric hospital in Baicheng City, Jilin Province. The doctor confirmed that she was suffering from schizophrenia in the medical certificate. Even after the treatment, her eyes still sometimes went straight. Talking nonsense. Sometimes she falls asleep and suddenly sits up and runs out. I have to coax her, saying that my son is gone, and I will treat you like your son in the future. Do whatever you say, and I will Heartbroken. Several times, when someone else’s child was out of school, she ran to our Jiagedaqi Ninth Primary School to pick up her son, who was in Class 2, Grade 1. She said that her son was out of school. It was raining lightly that day. When she was her, the rain dripped down her hair. In fact, even now, I keep looking at the children. My son likes to wear sports clothes. I always feel that he is shaking his feet towards me. , came running with a bang, as if I heard him calling daddy, daddy..." After his son was gone, Yu Hongxue was afraid that his wife would get sick, so he wrapped up all the photos of his son before he was alive and hid all his toys.At home, all the pictures that the son has scribbled on the wall are also painted off with white paint.On the burning wall of the kitchen, he pried off the brick engraved with the word "xue", which was engraved by his son with a pen. He said that the word was the xue character of the school and his father's name.Whenever his wife went out to change the environment at a relative's house, Yu Hongxue would fill the kang with his son's toys, read them over and over quietly by himself, and thought to himself: Why didn't my son have them when he was here? What about this mood!As for my wife, there is also a small bag of my son's clothes, which cannot be moved by anyone. She has to check them every few days and fold them neatly, saying that they are for my son to use. On the morning of November 4, 1996, when the hospital was just on duty, Yu Hongxue approached the director of the hospital and asked about the cause of his son's death.The answer from the hospital was that there was a possibility of fulminant meningococcal meningitis.Yu Hongxue asked the hospital whether it was definitely the reason, and the hospital replied with a "question mark".Yu Hongxue cried out sadly: "I said, can you answer me by drawing conclusions based on question marks?!" Hospitals have their reasons.In terms of clinical medical science, Yu Hongxue, a firefighter who has worked in fire prevention for more than ten years, can you know more than a doctor who has been engaged in this profession for many years? Yu Hongxue gradually calmed down from the mania. If it is the responsibility of the other hospital, you have to have a factual basis. In addition, when you listen to the hospital's explanation of the cause of his son's death, you can't allow the other party to be vague, and you must have a clear identification. , The problem cannot be solved by shouting and making noise. Yu Hongxue found a lawyer in Jiagedaqi District, and with the help of the lawyer, he started the arduous journey to find a legal solution to the problem.Yu Hongxue walked into the office of the Jiagedaqi District Health Bureau to express his thoughts and demands.Then there was waiting, asking, waiting, asking.Until December 23, 1996, nearly two months after Yu Yue's death, a copy of the "Appraisal Conclusion and Handling Opinions on the Death of a Child Yu Yue" was stamped with the red seal of the Jiagedaqi District Medical Accident Technical Appraisal Committee In this three-page document, the "question mark" that the hospital side answered at the earliest turned into an affirmative conclusion, that is, the cause of the child's direct death in Yueyue was that "fulminant meningococcal meningitis" caused breathing problems. Death from circulatory collapse. After reading the identification conclusions and treatment opinions word by word, Yu Hongxue couldn't breathe in his chest, and his eyes turned black.He could not accept the statement in the document that "the nurse on duty asked the child to be hospitalized for observation, but the parents of the child did not agree, and without the consent of the doctor on duty, he left the hospital on his own and took the child home, which affected the Timely observation and treatment of the child's condition" and "the child's condition was critical, and the doctor on duty actively rescued and died" and other so-called facts, let alone agree with the appraisal committee's determination that the child Yu Yue "during the diagnosis and treatment process There were no errors or accidents, so it was a normal death due to a disease.” It can be said that this conclusion represents an authoritative organization at the industry level.However, Yu Hongxue, who was deeply wronged, pointed out the facts he believed, accusing the hospital of fabricating the cause of his son's death out of the need to shirk responsibility. Yu Hongxue has never read professional books for undergraduates. In order to get to the bottom of his son's affairs, he "gnawed" on medical books, starting with the fulminant meningococcal meningitis. What is the clinical significance of this disease? Symptoms, what are the sayings about its pathology, he couldn't understand it, so he went around to ask for advice. On January 3, 1997, Yu Hongxue refused to accept the appraisal made by the Jiagedaqi District Medical Malpractice Technical Appraisal Committee for the monthly incident, and applied for reconsideration to the Greater Khingan Mountains Medical Malpractice Appraisal Committee. After the committee accepted the reconsideration, he was hired on January 16 The forensic doctor of the regional public security bureau and the director of the pathology department of the regional hospital conducted an autopsy on Yue, and found that the child had a linear fracture in the left posterior fossa and mild pulmonary edema. Soft tissue contusion, skull base fracture, brain contusion, cerebral edema complicated by respiratory failure and death due to pulmonary edema caused by external force on the back of the occipital can be explained.” On January 24, the forensic medical autopsy report formation plan stamped with the "Special Seal of Public Security Bureau of Daxing'anling District, Heilongjiang Province" was provided to the members of the Regional Medical Malpractice Appraisal Committee. The theory of fulminant meningococcal meningitis was like a sharp knife cutting Yu Hongxue's heart all the time, and now there is another theory of head trauma!Yu Hongxue was at a loss: The child walked to the hospital with a smile, which traumatic brain injury patient could do this? Yu Hongxue never believed such a thing, so he appeared in front of the person who performed the autopsy on his son, and said that his son was going to be cremated. Inspection done.When Yu Hongxue got his son's skull, he was full of grief and joy. He found a secluded place and held his son's skull with trembling hands. Tears welled up in his eyes, and he murmured softly, "Old man, don't be afraid, dad hugs you!" I'm looking at you..." From then on, Yu Hongxue carried his son's skull with him everywhere, for fear of losing it.At the same time, he looked for medical books and consulted experienced doctors, starting from the left occipital area and related vocabulary. On February 17, 1997, the experts of the District Medical Malpractice Appraisal Committee began to appraise Yue's medical incident without any medical records of Yu Yue's outpatient clinic. Yu Hongxue took his son's skull It was solemnly placed on the table in front of the experts. During the appraisal meeting, the experts considered the death diagnosis as "fulminant meningococcal meningitis" after considering all aspects of the situation.Regarding the autopsy opinion of "linear fracture of left posterior cranial fossa", the experts analyzed that since there was no posterior cranial hematoma, no brain contusion, no brain herniation changes, and no obvious increase in intracranial pressure before the child went to the doctor, it indicated that the patient had The cause of death was not directly related to head trauma.The experts agreed: "It took only 8 hours for the child to die from the outpatient clinic. The death time was so fast. The direct cause of death was cerebral edema and pulmonary edema caused by infusion reaction (heat source reaction), which led to death of respiratory and circulatory failure." Preserve the remaining fluid from the infusion. Although experts know that the causes of infusion reactions are complex, they do not know the details. On March 12, 1997, the committee wrote in its final conclusion: "Because the doctors on duty lack clinical experience, they don't know enough about the serious consequences that may be caused by infusion reactions, the treatment and disposal are not thorough, and they have not informed the parents of the children. It is a matter of technical level to explain the serious consequences that may be caused by the heat source reaction, causing the child to leave the hospital, delaying the effective rescue time, causing cerebral edema, pulmonary edema, and causing the death of the child's respiratory and circulatory failure. According to the "Medical Malpractice Grading Standards" issued by the Ministry of Foreign Affairs, it is defined as a first-level medical technical accident." On April 30, 1997, Yu Hongxue took the People's Hospital of Jiagedaqi District as the defendant, and requested the People's Court of Jiagedaqi District to order the hospital, which caused the death of the child due to a liability accident, to pay The compensation cost is 133,743.29 yuan. In the indictment, the plaintiff, Yu Hongxue, expressed dissatisfaction with the appraisal conclusion of the Medical Malpractice Appraisal Committee of the Greater Khingan Mountains.He believes that this medical incident should not be classified as a first-class medical technology accident, but should be designated as a first-class medical liability accident.The reason is that the son had an infusion reaction when he went to the hospital for treatment in July, and the medical staff on duty did not take active rescue measures.The infusion reaction is not a difficult disease, nor is it an incurable disease. The medical staff were negligent, sloppy, irresponsible, and overconfident, which led to Yu Yue's death. Wait. The defendant argued in his civil defense that: the hospital did not misdiagnose and mistreat Yue during the diagnosis and treatment process, nor was it irresponsible, neither a liability accident nor a technical accident, because Yu Yue's death did not occur during the entire diagnosis and treatment process. nursing work.The hospital has submitted an application for reconsideration to a higher-level medical appraisal committee and is waiting for the final authoritative appraisal from the superior. On June 12, 1997, Heilongjiang Provincial Medical Malpractice Technical Appraisal Committee conducted a higher-level expert appraisal on monthly medical incidents based on the request of Jiagedaqi District People's Hospital to revoke the appraisal conclusion of the Medical Appraisal Committee of the Administrative Office Health Bureau. This event was classified as a first-degree medical malpractice.At this point in the incident, it seems that there will be no major changes. It is time to distinguish responsibilities and make a fair judgment.Unexpectedly, on September 10, 1997, the Heilongjiang Provincial Medical Malpractice Technical Appraisal Committee sent an official letter to the Jiagedaqi District People's Court stating: "In view of the complexity of the case and the technical appraisal involving criminal issues, it is not within the scope and expertise of our committee. ", "It is recommended to hold a more authoritative judicial appraisal, and first clarify the non-medical injury (external force)." Previously, an intriguing incident was that three experts who had solemnly signed the appraisal of the Heilongjiang Provincial Medical Accident Technical Appraisal Committee on June 12 wrote to the Letters and Visits Office of the Provincial Health Department, claiming that after reviewing relevant documents, they believed that their standards were not well grasped. Well, it is inappropriate to identify Yu Yue's incident as a first-class medical technology accident. The direct cause of Yu Yue's death is unclear, and the person directly responsible for this incident is unclear. What is incomprehensible is that, on the signature date of this important letter, the signer put pen to paper at 15:00 on March 13, 1997.Regardless of how repentance appeared three months before the conclusion was made, let’s say that the day before this period happened to be the period when the Medical Malpractice Appraisal Committee of the Greater Khingan Mountains made its conclusion on the case. If it was a clerical error, how could there be such a coincidence?What's more, the date is the year, month and day written in Chinese, which is not easy to confuse and distinguish like Arabic numerals. Such twists and turns and dramatic changes made Yu Hongxue look up to the sky and sigh. When Hong Xue was helpless, Du Meng, a reporter from Legal Daily with a sense of justice and professionalism, took the lead in reporting on the matter on February 23, 1998 under the title "Yu Yue's Death Incident". The report revealed what happened to readers across the country, and immediately caused a sensation throughout the country.Only two days later, "Life News" affiliated with "Heilongjiang Daily" reprinted this article. Yu Hongxue, who was appealing in the provincial capital Harbin, was discovered by reporters from local radio stations, TV stations and newspapers. Interviews followed one after another. Yu Hongxue Xue's photos were published in newspapers, and Yu Hongxue's figure was taken into TV cameras... Harbin was shocked by Yu Hongxue's experience. The tough guy who was tortured, people brought him fruits, snacks, drinks, money and some condolences, flocked to Yu Hongxue, comforted him, encouraged him, and supported him. Aunt Yang Shufen in her 60s sent 100 yuan, a policeman from Jianguo Police Station sent 200 yuan, and a person signed "Nangang Hongyan" sent 2,000 yuan to Yu Hongxue... Since Yu Hongxue lost his son and wife to madness, apart from crying in front of colleagues and comrades-in-arms, this time he shed tears in front of unfamiliar and enthusiastic Harbin people. On March 12, 1998, the Health Department of Heilongjiang Province accepted the entrustment and transfer from the People's Court of Jiagedaqi District regarding Yuyue's death, and held a provincial-level medical malpractice appraisal meeting in the Office of Medical Affairs Office of Harbin Medical University. Hearing statements from both doctors and patients, consulting all files and related materials, and after careful discussion and research, came to the appraisal conclusion: it was designated as a first-class medical technology accident.The provincial medical malpractice appraisal is the final appraisal. Yu Hongxue was not convinced by this. "This should be a first-degree accident, a liability accident!" He seemed to be arguing with himself, "The child has obviously been diagnosed and treated by three doctors, and one doctor was called from the family area. She was washing clothes; the other doctor came to see Yuyue just because she was a beggar; when Yuyue arrived at the hospital at night, she was very sick, but the doctor was so careless... This is not in line with the provincial health department's long-awaited Strictly stipulated first-diagnosis responsibility system!" But this conclusion is already not easy, and this is the final judgment, Yu Hongxue has to accept it if he refuses. On April 21, 1998, the People's Court of Jiagedaqi District, Heilongjiang Province ruled that the defendant should compensate the plaintiff for medical expenses and other economic losses of 59,301.40 yuan and spiritual comfort fees of 50,000 yuan, totaling 109,301.40 yuan. If it cannot be defined as a medical liability accident, the criminal responsibility of the responsible person cannot be investigated.Yu Hongxue said that if the child is gone, no amount of money can get it back. Not long ago, the author got in touch with Yu Hongxue, a strong and unfortunate man from Northeast China. He said to the author excitedly on the phone: "I am angry not only with those medical staff who disregard human lives, but also with those irresponsible medical staff. Appraisal personnel. It was obvious that the infusion reaction occurred only 20 minutes after the application of different batches of penicillin, and later the rescue was not timely, resulting in the death of the child. They sometimes said it was meningitis, and sometimes it was traumatic brain injury. This is purely fooling people …After the facts were fully understood, a person from the Appraisal Committee also said to me: Don’t distinguish between liability accidents and technical accidents. The compensation for both is the same. I was so angry that I almost vomited blood. I said, I am not suing for money, but to seek justice for my son and teach those medical staff a lesson, how can you fool me like this? Just do what you want!" Yu Hongxue sent the author the identification materials of several levels of local medical appraisal committees, which made me, a doctor, deeply impressed: how can a typical infusion reaction be identified as "fulminant meningococcal meningitis" in a decent way?What's funny is that the unsigned but stamped appraisal certificate is filled with compliments to the doctor who caused the accident: "the diagnosis is correct" and "the treatment is proper and reasonable." Fortunately, there are also honest medical appraisals With the presence of experts, the case finally came to an unsatisfactory conclusion. Yu Hongxue repeatedly told the author on the phone that he was especially grateful to a large number of journalists including Du Meng, a reporter from the Legal Daily, without them standing up for justice, I don't know what the final situation would be. After a life of narrow escape, it would be lucky if justice was finally obtained.Most of them were suffocated and suffered, but the result was still nothing. "Procuratorial Daily" reporter Zhao Ling reported such a case—— On August 30, 1996, a two-and-a-half-year-old girl, Wang Junhao, had diarrhea, fever, and vomiting, and was rushed to the 402 Hospital of the former Ministry of Electronics, where her mother Yin worked.The first diagnosis in the hospital was acute tonsillitis and has been treated conservatively.Later, his condition worsened, and Yin requested a surgical consultation. The result of the consultation was acute appendicitis, and he decided to perform an appendectomy.At the end of the operation, the pathology report showed that the test object was two small pieces of ovarian tissue, and no appendix tissue was found. Her mother sadly recalled: "We didn't want to believe this result at all. I took out a pathological slide from the hospital and went to other hospitals for consultation. We went to almost all the big hospitals in Beijing, and all we got was an answer. : The right ovary was removed. Only then did we completely despair." The young couple began to look for the hospital, and each time the hospital asked, "What do you want us to do?" The 402 Hospital insisted that there was no fault in the operation, and made a medical technical appraisal that "it cannot be a medical malpractice".Yin and Wang approached the dean many times, but the dean refused to accept them.An insider from the hospital later told Yin that after the incident, a leader of the hospital's surgery department went to the pathology department to revise the pathology report. Yin told the reporter: "After knowing that the pathology report was revised, I was very angry. I didn't expect the hospital to do such a thing. So I thought of going to court. But suing my hospital and colleagues, I can imagine what others will do." Said, but if we don’t sue, we will bear the guilt for our daughter for the rest of our lives. I was very conflicted at the time, thought for a long time, and finally decided to file a lawsuit.” In March 1997, as Xiao Junhao's legal representative, Wang submitted a complaint to the Beijing Shijingshan District Court, requesting the 402 Hospital of the Ministry of Electronics to bear the civil liability for compensation.The court accepted the case and entrusted the Forensic Medicine Office of the Beijing Higher Court to conduct a forensic identification. In June 1997, the Forensic Office of the Beijing Higher Court made an appraisal: Junhao's right ovary was cut, and his disability was grade seven.At this time, there was a disagreement on whether to deal with it according to the "General Principles of Civil Law" or the "Measures for Handling Medical Accidents" of the State Council.Wang took the results of cases with the same fate as Junhao collected from many media, and asked the hospital to use the "General Principles of Civil Law" for compensation.The court replied: "China is a country ruled by law, not a country of precedents." On November 5, 1997, the court finally opened.The hospital pointed out in court that the forensic doctor does autopsy identification and cannot use it as evidence, and a biopsy should be done.After hearing this, Junhao's mother shed tears. She did not expect that the hospital, which is used to save lives and heal the wounded, could say such a thing, and asked the hospital in court: "Do you still think that you have not done enough harm to Junhao?" No judgment was made in court, and the case was reported to the Intermediate Court.In view of the defendant's objection to the grounds for prosecution, the court required the plaintiff to go to the Shijingshan Health Bureau for medical appraisal.So in March and September 1998, Wang went to Shijingshan Health Bureau and Beijing Municipal Health Bureau.The appraisal conclusion of the Medical Malpractice Appraisal Committee is: Grade III Class B Medical Technology Accident. Wang said: The two identifications are based on the revised pathology report, and there are many mistakes. The next time is still spent waiting, every time of waiting in the two years is accompanied by little Junhao’s pain, as doctors, Yin and Wang know better than other parents that losing one ovary will affect the child’s development, Effects on bodily functions. On December 9, 1998, the court opened again. It was gratifying that the focus of the dispute between the two parties was no longer whether the ovary was removed, but whether part of the right ovary was removed or all of it was removed.The defendants believed that part of the ovarian tissue was removed, but they agreed to take responsibility. Junhao is 4 years old this year, and he is quite a sensible child.His parents said sadly: "We don't know what to tell her in the future, although we know we have to face this day." Find a quiet place to rest and rest, these three years are really exhausting." All the expenses and injuries in the past three years will be engraved into their memory with the passage of time. They hold the ruler of the law in desperation, but this kind of fairness comes too slowly, and they themselves are still doubting : Will they get fair in the end? On August 1, 1997, "Southern Weekend" published a report by Chen Chaohua, the newspaper's Shanghai-based reporter, telling another sad story—— On January 2 and January 20, 1997, Chai Zhongliang, a 39-year-old farmer from Mingxing Village, Fengjing Town, formerly Jinshan County (now changed to Jinshan District, Shanghai), went to Fengjing Health Center twice because of stomach discomfort and was arrested. A diagnosis of duodenal ulcer was made. On January 25, Chai was admitted to the medical ward of the hospital, and was transferred to the surgical ward three days later. On the afternoon of January 30, the hospital invited 71-year-old retired doctor Huang Xilin as the chief surgeon, retired doctor Huang Yizhong as the anesthesiologist, and Zhang Jinhua, a traditional Chinese medicine doctor in the hospital, and Zhang Adao, a physician in the hospital, as assistants.The doctor performed partial gastrectomy after asking for 400 yuan "red envelope".The operation started at 2:10 pm and ended at 4:45 pm.According to an eyewitness—the elder brother of the patient's wife, Zhang Xingyun, a policeman from Fengjing Police Station, halfway through the operation (about 3 p.m.), the surgeon left the operating room and never came back. Zhang Xingyun said that half an hour after the operation, he found that the patient was irritable, so he went to the doctor on duty. The young doctor Pan chatted with a nurse and a young woman eating melon seeds in the nurse's room. She said impatiently: "The patient is in pain after the operation." Yes, it’s useless to be anxious.” Seeing that the patient was depressed and short of breath, he asked for it again and again, and then Dr. Pan made a hasty visual inspection and gave 10 mg of diazepam for intramuscular injection, but the fire did not improve, and instead he spit out bright red blood. Difficulty breathing, twitching of hands and feet, and sudden drop in blood pressure.He was extremely anxious, but he searched for half an hour (6:20 to 50) before finding Dr. Pan. At 7:20, Dr. Pan called several doctors to come to the rescue, but either the wiring board of the instrument or the oxygen inhaler could not be found... The rescue did not work for a while. Zhao Zhaoming, deputy director of the police station, immediately drove to Jinshan City to pick up a cardiovascular doctor after learning about it.Finally, due to the long delay, the patient stopped breathing at 11:30 that night. Zhang Xingyun told reporters that after the accident, the hospital did not actively deal with it, but tried every means to evade responsibility. As soon as the patient died, Xu Xinglin, secretary of the branch of the hospital, talked to the family members. During the time when Zhang Xingyun, who knew how to handle cases, went to pick up other relatives to see the deceased for the last time, he used the mental habit of "bringing the dead home" in the countryside to coax and deceive. The family members were asked to take the body home that night, and urged the cremation in time, saying that the matter should be cremated before processing, and they also voluntarily issued a death certificate. Since the Spring Festival was about to be celebrated, and the hospital leaders verbally admitted that the hospital was responsible, the kind-hearted Zhang Xingyun and others took the death certificate in a daze. It was cremated hastily.This laid the groundwork for future disputes. According to the family members, after the cremation of the body, the hospital leaders turned their faces and refused to admit it, saying everywhere that it was an accident, and claimed that it had been properly handled and provided humanitarian subsidies. On February 9, Zhang Jinying, the widow of the deceased, went to the hospital to negotiate, but was forcibly sent home and fainted due to threats.After Chai Zhongliang's death, only his elderly mother, his lame wife and the monk's daughter in the third grade of elementary school remained in the family.The villagers really couldn't see it, and helped them apply for a medical malpractice appraisal. 3月26日，原金山县医疗事故鉴定委员会作出鉴定：“枫泾镇卫生院术前准备不充分，术后急性肺水肿，发现不及时，抢救不得力，导致病员死亡。”认定柴仲良医疗事故为“一级甲等医疗技术事故”。家属认为这与技术扯不上边，但既有了事故鉴定报告，先要求医院赔偿再说。双方没谈拢。家属想诉诸法律，但法院说得有上海市的医疗事故鉴定报告才能受理。 4月9日，死者家属以不服金山的医疗鉴定为由，向上海市医疗事故鉴定委员会提出重新鉴定的申请。他们认为，病人的死亡是由于院方在不具备手术条件的情况下，医务人员对病员不负责，草率进行手术，手术医务人员临时搭配，主刀医生手术途中擅离手术室，值班医生离岗以及用药不当，拖延抢救时间引起的，是一起罕见的医务人员玩忽职守、草菅人命的渎职行为，应认定为重大医疗责任事故。 根据国家有关规定，一般情况下鉴定委员会在收到鉴定申请两个月内应作出鉴定。但三个多月过去了，鉴定结果仍杳无音讯。其间，死者家属想再与医院交涉，被医院以“复议尚未下来，事件未有最后结论”为由，拒绝接洽。 无奈之中，13岁的小女孩柴道华提起了笔，以稚拙而愤懑的语言，向有关党政部门及新闻单位投诉求助—— “由于爸爸的死去，我家像房子塌了栋梁，家不像家了。奶奶从此一病不起，瘫痪在床，已经奄奄一息了；妈妈整天以泪洗面，神志恍惚，无精打采，本来就瘸着腿，现在已经很难行走了。家里的6亩责任田全出钱叫人家帮工。我一个13岁的小女孩，不仅要烧饭，洗衣服，做家务，还要服侍奶奶，再加上小学毕业班的学习负担重，我撑得住吗？…… “人们说，没妈的孩子像根草，但我觉得，没爸的孩子也像根草。4月份，学校组织我们毕业班去上海参观，老师说：'这是一次集体活动，每个人都必须去。'妈知道后，向邻居借了50元钱，硬是要我去。这天，我自带中饭，除了交掉了30元钱外，其余的钱全部还给了妈妈。学校里，别的女同学穿得花花绿绿，我总是穿那件又小又短的衣服，夏天到了，口渴了，人家吃冷饮，我喝上几口自来水……” 没爸的孩子真无奈！