Chapter 57 She was disabled by the female director of Beidaihe Hospital
What happened to Shen Shuping, the female head nurse who has worked in Beidaihe Hospital for 32 years, makes people think that if Beidaihe Hospital treats the old leaders of the hospital and the parents of its own employees like this, one can imagine how they will treat ordinary people. up.It can be seen from the experience of Huangmei and Liu Yong's couple that I interviewed earlier.While I was investigating the death of Shen Shuping and Huang Mei's son, I received several complaints about medical disputes against Beidaihe Hospital. Among them, the unfortunate experience of a woman named Yu Limei aroused my suspicion. indignation.
I met Yu Limei during an interview at Huangmei's home.When she learned that a reporter from Beijing was investigating the case of Sister Shen and Huang Mei, she immediately endured the severe pain all over her body and asked her husband to come to me with his back on his back and ask me for help in person.
Yu Limei, 39 years old at the time, was a villager in Shanzhuang Village, Haibin Township, Beidaihe District, and was a self-employed individual.After she and her husband Shan Yubin got married, they loved each other and had a son.The family of three was originally warm and happy, but since she underwent an operation at Beidaihe Hospital due to illness, all the happiness and joy of her and the whole family were shattered.
On May 10, 2002, with the support of her husband Shan, the sallow and emaciated Yu Limei cried bitterly to me——
"On May 13, 1996, I was admitted to Beidaihe Hospital after suffering from 'hyperthyroidism' for 7 years, and was diagnosed with primary hyperthyroidism. Sun Shuying personally organized the operation. On May 29, I was pushed onto the operating table. I heard that the female director of the hospital performed the operation for me. I was very happy at the time and thought that my operation would be successful this time. Earlier, I was anesthetized according to the regulations, but because I was given acupuncture anesthesia at the mouth of the tiger, I could see the whole operation process clearly while lying on the hospital bed.
"Just in the middle of my operation, a female nurse came in from the door and told Sun Shuying who was operating on me: 'Dean Sun, the person who designed the door has come, please go over immediately ..." I heard her agree and said: "You tell them to wait, I will come right away." After finishing speaking, she actually put down the scalpel and confessed to the medical staff next to her. Hastily left.
"As soon as Sun Shuying, the chief surgeon, left, the rest of the medical staff became more careless, and they began to talk and talk with smiles. One of the doctors also said: "The dean left, we will be more free...
"At this critical moment, I was terrified in my heart, afraid of dying at their hands, but I didn't dare to say a word, being overwhelmed by inexplicable fear and helplessness...
"What I was worried about finally happened: just as they were about to sew up the incision on my body, the ligature thread of the left superior thyroid vein suddenly fell off, and I immediately felt pain in my vein, and then I heard that the surgeon who performed the surgery for Sun Shuying The male doctor said: "No, her ligature fell off..." Afterwards, I felt my whole body tense again, and the nerves that were already painful immediately felt that the wound was bleeding profusely... The unbearable pain plus I was so nervous that I couldn't help but groan in fear. But no one paid me any attention...
"When I was bleeding heavily, the hospital did not give me blood transfusion in time, but a few people hurriedly used piece after piece of gauze to stop the bleeding... 40 large pieces of gauze were used during the operation...
"What scares me even more is that when I was bleeding heavily and urgently needed blood transfusion, there was no blood! It was not until after 1 o'clock that I, a life-threatening patient, was pushed back to the ward for blood transfusion. ... But at this moment My blood transfusion time was delayed... Later, I developed symptoms of hypoparathyroidism such as convulsions, numbness, and low blood calcium, which eventually resulted in serious consequences of lifelong disability..."
This accident finally caused Yu Limei's calcium starvation, endoplasmic loosening, severe muscle atrophy, edema all over her body, unbearable pain, severe body deformation, disorders of the entire endocrine system, and immune dysfunction. I can't walk, I can't squat, I can only crawl, and in the end I can't even defecate...
On September 22 of the same year, at the strong request of her family, Yu Limei was transferred to Peking Union Medical College Endocrinology Hospital for treatment. He was discharged home on November 4th, and the diagnosis was: "hypothyroidism after subtotal thyroidectomy." For several years, he went to Peking Union Medical College Hospital for regular checkups, and until today he has not been discharged from Beidaihe Hospital.
After negotiating with the hospital many times to no avail, Yu Limei decided to take the road of litigation in desperation.However, Beidaihe District, Qinshihuang Cidao City and Hebei Provincial Three-level Medical Malpractice Technical Appraisal Committee have successively made appraisal conclusions that "does not constitute medical malpractice".Yu Limei expressed dissatisfaction and applied to the court for a judicial appraisal.
On June 18, 1999, entrusted by the Intermediate People's Court of Qinhuangdao City, Hebei Province, relevant experts from the Institute of Forensic Science and Technology of the Ministry of Justice conducted a strict investigation on whether Limei's hypoparathyroidism (or loss) was caused by surgical injuries. Scientifically identified and made an identification conclusion: "The parathyroid glands of the identified person Yu Limei have been miscut during subtotal thyroidectomy or their blood supply has been damaged, resulting in dysfunction, surgery and disease (hypoparathyroidism) ) There is a direct causal relationship between the two.
However, the defendant, Beidaihe Hospital, objected to the above appraisal by the Technical Research Institute of the Judicial Appraisal Division of the Ministry of Justice, and applied for a new appraisal.The court of first instance also invited medical technology consulting experts from the Ministry of Health to demonstrate the case.
On December 24, 1999, the General Office of the Ministry of Health issued the "Reply Letter on Medical Technical Consultation on the Limei Medical Dispute Case" in the No. Mei’s preoperative diagnosis and treatment principles were correct, she had surgical indications, and her operation met the standard requirements. Yu Limei’s hypoparathyroidism occurred after surgery and lasted for a long time, which was a serious complication after thyroidectomy.
On April 14, 2000, the Qinhuangdao Intermediate People's Court held that Yu Limei was admitted to Beidaihe Hospital because of "hyperthyroidism". The operation meets the specification requirements.Postoperative convulsions, numbness, muscle weakness and other symptoms are postoperative complications of subtotal thyroidectomy, which are not medical malpractice after identification.However, considering Yu Limei's physical condition, postoperative complications, and difficulties in living, Beidaihe Hospital should give appropriate financial compensation in the spirit of treating illnesses and saving lives and wounds.Therefore, it was judged that Beidaihe Hospital should compensate Yu Limei for economic losses of 40,000 yuan in one lump sum, which should be executed within 15 days after the judgment came into effect.The case acceptance fee of 15,325 yuan is exempted.
Yu Limei was not convinced. She believed that the original court’s finding of facts was not clear. The main reason was that it adopted the reply letter from the General Office of the Ministry of Health, and the consultation reply letter from the General Office of the Ministry of Health was only the advisory opinion of the complaint department, which was not a statutory appraisal agency. The consultation reply letter made has no evidentiary effect.At the same time, the Ministry of Health and the hospital have a superior-subordinate relationship, which is suspected of industry protection.The reply letter cannot overturn the most valuable forensic appraisal of the Institute of Forensic Appraisal Science and Technology of the Ministry of Justice, and the conclusion of the forensic appraisal was proposed and approved by both parties, and the court should adopt it.
She then appealed to the Higher Court of Hebei Province. On October 10, the Hebei Provincial High Court "rejected the appeal and upheld the original judgment."
On January 15, 2003, Yu Limei, who was extremely exhausted physically and mentally, submitted a petition to the Supreme People's Court, requesting that the Civil Judgment (2000) Ji Min Zhong Zi No. 53 be revoked; requesting Qinhuangdao Beidaihe Hospital to compensate the complainant for financial and Mental loss of 150,000 yuan; request Qinhuangdao Beidaihe Hospital to bear the complainant's future medical expenses.
After receiving Yu Limei's complaint, the Supreme People's Court formed a collegial panel to hear the case according to law, and believed that both the first and second instance courts had made mistakes in determining the facts.Due to the particularity of this case, the relevant experts of the High Court deliberately compiled this case into the "Supreme People's Court Civil Trial Guidance Series", which shows that its value and influence have been given considerable attention by the judicial department. It is no longer an ordinary case.
In mid-August 2003, Yu Limei received a "Civil Ruling" from the High Court of Hebei Province, stating that "after studying this case, the adjudication committee all believed that the facts found in the original judgment were unclear" and ruled to revoke the first instance of the case. And the judgment of the second instance, sent back to the Qin City Intermediate People's Court for retrial.This verdict, like a ray of sunshine in the harsh winter, finally gave Yu Limei's family a bright hope.
At 9 a.m. on December 29, 2003, the Intermediate People's Court of Qinhuangdao City opened a court session to hear the case again.
Two days later, Yu Limei, who was lying on the hospital bed, finally received a notice of victory.You know, she and her whole family have been waiting for this day for 8 long years!
The Intermediate People's Court of Qinhuangdao City, Hebei Province (2003) Qin Min Zai Chu Zi No. 4 Civil Judgment made the following judgment: the defendant Beidaihe Hospital of Qinhuangdao City compensated the plaintiff Yu Limei for medical expenses, accommodation expenses, transportation expenses, and appraisal fees. The loss was 31,934.44 yuan; the defendant Beidaihe Hospital of Qinhuangdao City compensated the plaintiff Yu Limei for other economic losses of 120,000 yuan in one lump sum (the compensation of 40,000 yuan that had been fulfilled after the original judgment came into effect was offset to the compensation within 120,000 yuan): the case of the first instance was accepted The fee of 15,325 yuan was borne by the Beidaihe Hospital of Qinhuangdao City.
However, Yu Limei was not satisfied with the verdict.She believes that although in this judgment, the court has found that the Beidaihe District People's Hospital was at fault and ruled that it bears civil liability, but she and her family believe that the amount of the judgment is not enough for the physical and mental injuries she suffered and the family's suffering in the past eight years. In terms of huge losses, it was just a drop in the bucket, far from enough to make up for the financial burden and spiritual loss caused to her.
She believes that she has submitted an application for disability assessment to the court, but the first-instance judgment did not mention this. If the disability assessment is not done, it will naturally not order Beidaihe Hospital to compensate her for living allowances as a disabled person. This judgment It did not fully protect the legitimate rights and interests of the appellant.
On January 10, 2004, Yu Limei appealed to the Higher People's Court of Hebei Province, and asked the appellant to compensate the appellant for economic and mental losses of 500,000 yuan; asked the appellant to bear the appellant's future medical expenses.
Next, let's look at the case Shen Shuping and Wu Yuan told Beidaihe Hospital.
On October 28, 2002, after three court hearings, the People's Court of Beidaihe District dismissed the lawsuits of the five plaintiffs in a civil judgment (2002) Bei Min Chu Zi No. 50 dated September 3, 2002 ask.
Shen Shuping and other five defendants refused to accept the judgment of the first instance and appealed to the Intermediate People's Court of Qinhuangdao City.
On January 17 and April 4, 2003, the Intermediate People's Court of Qinhuangdao City heard the case twice.In order to better understand the trial situation, I participated in the trial twice. I heard and witnessed the whole process. At the same time, I also learned about the bad attitude and blatant deception of the relevant personnel of the defendant's court.
During the trial, the appellant first categorically denied that he was at fault, and asked Wang and Li, who were on duty at the time, to testify in court to prove that the hospital had no fault during the treatment process. Falsified and falsified special care records are real.When the court asked Wang, one of the witnesses, whether the special protection record at that time was true, Wang answered it was true; when asked about the content of her record, Wang said she had forgotten it; When questioning whether the copy of Fang’s special protection record was authentic, Li claimed that there was a part she had re-copied, which was Wang’s copy, but at one time he claimed that the copy was wrong, at another time he said that she had lost it long ago, and at other times she said that she hadn’t signed it at all. .When the appellant Shen Shuping pointed out in court that the hospital had never presented the original special care records and medical records to the court at the first instance, and asked the appellee again to show the relevant originals in court, the hospital first claimed that the special care records had been submitted to the court of first instance. At this time, there was no reason to submit it again, and it was later claimed that the relevant records had been lost.When the court asked about the source of the copy of the intensive care record submitted by the hospital, the hospital's agent said that the hospital had prepared a copy because the family of the deceased came to the unit to make trouble.Shen immediately pointed out that the special care records she submitted to the court were copied by herself from the hospital office the day after her father's death. A serious offense.
On June 29, 2003, the Intermediate People's Court of Qinhuangdao City, Hebei Province, after a serious trial, held that: the original judgment was not clear about the facts and the evidence was insufficient.In accordance with Article 153, Paragraph 1, Item (3) of the "Civil Procedure Law of the People's Republic of China", the ruling is as follows: the Civil Judgment (2002) Bei Min Chu Zi No. 50 of the People's Court of Beidaihe District, Qinhuangdao City shall be revoked; Remand to the People's Court of Beidaihe District, Qinhuangdao City for retrial.
In July 2003, in the "Rights" column of the "Workers' Daily", I exclusively disclosed this special case of medical staff due to medical disputes with the title "Pleading for Father's Life, Female Head Nurse Sues Hospital in Anger". As for the case of suing the hospital where he worked, the "Beijing Times", "Yangtze Evening News" and other domestic best-selling newspapers published or reprinted the matter one after another, which aroused great repercussions among readers across the country. Calls and letters ask me to pay attention to their lawsuit.My report has also attracted the attention of relevant departments such as the Hebei Provincial Trade Union and the Provincial Health Department, and they have filed this report.
In order to prevent the Beidaihe District People's Court of the first instance from appearing abnormal again, Shen Shuping applied to the Qinhuangdao Intermediate People's Court to try the case in a different place, which was quickly supported by the Intermediate People's Court. On October 2003, the Qinhuangdao Intermediate People's Court will The right to retry the case was transferred to the neighboring Fusong County People's Court, and the case is currently under further trial.
This is the first case in the country where a female head nurse sued a hospital, which also attracted the attention of Mr. Zhuo Xiaoqin, a professor of health law at China University of Political Science and Law.He said, for this uncomplicated case, I think it can be summed up in one sentence, that is, "the hospital made many mistakes, and the first-instance judgment was absurd."
Zhuo Xiaoqin is a well-known legal expert with profound legal knowledge and a sense of justice.When he learned of my briefing on the case, he immediately expressed his willingness to accept my interview.I remember that it was a cloudy and rainy day, with light rain falling in the sky, and I came to his home with two directors and cameramen from Shanghai TV.Because he wanted to accept our interview, he not only postponed a meeting in the morning, but also kept busy until after noon, when he and his passionate lover didn’t even eat a meal. His selfless work spirit made me So far I am deeply moved.
Professor Zhuo believes that in this case, the Qinhuangdao Medical Malpractice Appraisal Committee made an appraisal conclusion that it was not a medical malpractice without investigating the relevant facts at all, which is obviously wrong.This way of Lao Tzu's identification of his son is extremely absurd, and naturally it cannot be accepted by patients.In order to eliminate the black-box operation and ensure the fairness of medical appraisal, my country has implemented a new medical malpractice appraisal method on September 1, 2002. It is stipulated that officials from the health administrative department will no longer participate in the medical appraisal, and only experts from the Medical Association can conduct the whole process independently. In order to carry out the appraisal work in a timely manner, in addition to grasping the technical standards, the more important thing is to grasp the legal principles.
Professor Zhuo pointed out that the investigation of relevant medical facts is the key and focus of medical appraisal.If the appraisers conduct investigations unscientifically, if the relevant medical personnel do not record truthfully or falsify in the process of making medical records, this in itself has constituted a crime and should be punished by law.In this case, because the patient's family member is a staff member of the hospital, she copied the medical records for the convenience of her own work (it was later proved that there were indeed problems in the hospital). It is a serious offense to refuse to file original copies of special care records with the court.For a medical dispute with such clear facts, the relevant local medical appraisal department made a conclusion that it does not constitute a medical dispute, which surprised me!They did not investigate the relevant facts at all, so how can they be identified as not constituting medical disputes?
According to the relevant regulations, if the appraisal conclusion of the medical malpractice technical appraisal committee is not satisfied, the party concerned may reapply to the relevant department at the next higher level for appraisal, and at the same time may file a civil lawsuit in the people's court.In this case, the plaintiff Shen Shuping and others were forced to file a lawsuit with the people's court for medical damage compensation when they were appraised twice by the relevant departments as not constituting medical malpractice. It is obviously wrong to make such an absurd judgment without fully investigating the falsified and falsified medical records.
As early as in 2003 during the "two sessions" of the country, the issue of medical disputes had received the attention of many delegates, and the number of medical disputes increased at a rate of 10% to 20% every year, which brought a lot of harm to both doctors and patients.How to improve the quality of medical services and diagnose and treat "deficiency of medical ethics" has become one of the hot topics of the NPC deputies at the two sessions.
According to a survey conducted by the national authoritative department, thousands of consumers in 10 cities believe that the adjective "indifference" best represents the image of the medical industry.
At the "two sessions" in 2004, medical corruption, as a hot topic, once again received widespread attention from all walks of life.Ren Yuling, member of the Standing Committee of the Chinese People's Political Consultative Conference, believes that hundreds of millions of people can be healthy only by rectifying medical corruption. Because of medical corruption, many people are afraid to go to the hospital for medical treatment.To be honest, there are serious unhealthy tendencies in many hospitals.Not only make more than 55% of peasant patients dare not go to the hospital for medical treatment, even the vast low-income class in the city is also afraid of the hospital.It is indeed time for medical corruption to be rectified. It is believed that medical corruption has become a major "persistent disease" in the medical field of our country.
In a small district-level hospital, there were frequent vicious medical disputes that aroused the indignation of the local people and attracted great attention from all walks of life across the country. After each accident, the hospital always tried every means to prevent the parties and their family members from knowing the truth, and resorted to various means to fabricate falsehoods. Is this accidental?
As we all know, "Medical records are the entire process of patient diagnosis and treatment."But in this Beidaihe Hospital, forging and tampering with medical records seems to have become "commonplace" like elementary school students correcting typos.In the three cases of medical accidents that I interviewed in this hospital, the hospital all used this method to "modify" the medical records: after the 4-month-old baby boy died in the hospital, the hospital refused to show the original medical records , but forged a medical record, and based on this, made a so-called report stating that the dead boy had "no abnormalities in the uterus"; After the death, the hospital blatantly falsified and falsified the medical records. Fortunately, Shen Ming’s daughter, Shen Shuping, was a medical staff member of the hospital and knew the importance of medical records to patients and their families. In this way, Beidaihe Hospital still dared to "falsify" and tamper with medical records; in Yu Limei's lawsuit, Beidaihe Hospital repeated the old trick, showing the court a document that did not even have a week's catheterization process, and did not even have medical records for blood transfusions. In the recorded medical records, there were actually three case numbers in the same medical record: "26191, 26196, 2619"!The discharge and admission pathological records, preoperative records, postoperative records, consultation sheets and all kinds and dates are connected but the medical record numbers do not match.
People can't help but ask, is there no way to follow and no cure for this kind of practice in the hospital?It is unbelievable that the relevant local authorities have never asked about the many illegal acts of this hospital!No one has paid attention to the illegal behavior of the relevant leaders so far. It is no wonder that the attitude towards the leaders is so arrogant. Various disputes frequently occur in this hospital!
In fact, among the many medical disputes that occurred in this Beidaihe hospital, I also interviewed an active soldier named Wang Guanjun who was disabled by this hospital because of his left hand injury.In addition, I have several other cases on hand, but due to the space of this book, it is impossible to disclose them to the readers here. However, as suggested by several victims, I am deeply concerned about the medical accidents that happened here. I am writing a new book titled "The Trial Hospital", which will expose the problems in this hospital in more detail.
During the two-year interview process in Beidaihe, my biggest emotion was: it is really difficult for Chinese people to sue for medical disputes!