Dr. Ma Kai and two doctors awarded 21.98 million compensation for abdominal pain surgery in a vegetative state in Hsinchu-Life-Free Times News



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Hsinchu Mackay and the two doctors awarded 21.98 million compensation The image shows the appearance of the emergency room of the Hsinchu Mackay Hospital. (Photo by reporter Cai Zhangsheng)

2020/11/03 23:09

[Reportero Cai Zhangsheng / Informe de Hsinchu]Dr. Ye, who was nominated by the National Institute for Experimental Research for the Taiwan Outstanding Scientist Award and served as host of the Ministry of Science and Technology Nano Research Project, was less than a month after giving a she gave birth to her first child in 2013. She went to Mackay Hospital in Hsinchu for emergency treatment due to severe abdominal pain. Later, he became a vegetative person. The family lost civil damages and criminal complaints for commercial negligence injuries. However, the civil part of the case appealed to the Superior Court. The committee concluded that Ye Nv’s appendix and large intestine were infected with bacteria from the fallopian tubes, causing rupture and peritonitis. However, the two obstetricians and gynecologists did not make a careful differential diagnosis, and both constituted a negligent infringement, eventually sentencing Hsinchu Makai to The two doctors must pay 21.98 million yuan to Ye Nu and his family together!

Mackay Hospital in Hsinchu indicated that the medical process of the patient in this case has been professionally evaluated by the Medical Review Board of the Ministry of Health and Welfare and an external medical institution, and the medical treatment is believed to be in accordance with the practices medical. The court has not yet received the judgment from the Superior Court and will wait until it is received before discussing an appeal in accordance with the law.

Family members alleged that Ye Nv went to the Hsinchu Mackay Hospital emergency room at 2 pm on May 24, 2013, less than a month after delivery, due to severe pain in the lower right part of the abdomen. The doctor on duty could not determine the symptoms. At 8:15 a.m. that night, Dr. Hong, from the Department of Obstetrics and Gynecology, was diagnosed with a 7 cm ovarian teratoma. The doctor from the Department of Obstetrics and Gynecology, named Li, performed the operation. The doctor named Li did not pass any judgment or evidence, let alone Excluding whether Ye Nv is a patient with contraindications to laparoscopic surgery, he hastily performed laparoscopic surgery based on the result of a doctor named Hong’s diagnosis, which eventually caused major injuries. such as acute shock and hypoxic encephalopathy due to air embolism, and unfortunately became a vegetative person in bed.

In the first civil trial of the entire case, the Hsinchu Di Hospital determined that the medical review committee of the Ministry of Health and Welfare concluded that the case was an evolution of the disease, not the fault of the doctor in managing the patient, and not there was a way to prove the hospital equipment was missing and he dismissed the whole case. .

After the civil party appealed to the National High Court, the case was reversed. The collegiate panel determined that according to the postoperative pathological report, the ovarian tubal abscess was the primary lesion, and the infection of the appendix and large intestine was secondary (due to bacterial infection of the ovarian tubes), causing rupture and peritonitis. .

The Higher People’s Hospital believes that Dr. Hong did not pay attention to the fact that appendicitis should be included in the differential diagnosis. However, during the criminal investigation, Dr. Hong confessed to ruling out the possibility of appendicitis in Ye Nv, but did not mention appendicitis as a disease that must be differentially diagnosed. , Violation of medical practice and negligence, must constitute a negligent tort.

Also, if a doctor surnamed Li made a differential diagnosis of Ye Nv that same day and included appendicitis or appendicitis in the differential diagnosis, or if the differential diagnosis is difficult, arrange an abdominal X-ray or CT scan, it is possible to avoid delays in the illness. As a result of severe inflammation, it is considered a negligent tort.

In the end, the High Court awarded Ye Nv 18.98 million yuan in compensation. Furthermore, Ye Nv’s husband, mother, and daughter each gave 1 million yuan for spiritual comfort. In total, the High Court ruled that Hsinchu Mackay Memorial Hospital and doctors surnamed Hong and Li should jointly pay Fu Ye Nu and her family members 21.98 million yuan.

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