The old man meets with a traffic accident and plants the stencil plate in the leg The producer of fracture hospital pushes the responsibility in one year

The old man meets with a traffic accident and plants the stencil plate in the leg The producer of fracture hospital pushes the responsibility in one year
66 -year-old uncle Zhang cause right fracture in big leg because of traffic accident, feel injury pain often since the one year after the operation, the X-ray photograph reveals by taking: Unexpectedly titanium alloy stencil plate which he planted in the leg into has ruptured! The weak old man has to accept two surgery treatments Uncle Zhang's family put forward the damage statement to hospital, and the other side claimed unexpectedly it was the responsibility for producing manufacturer, it is not that the hospital is mistaken in operation, want it to claim from production firm. On 14 - 16 of July, reporters launched the investigation to interview in succession, know the ins and outs of this incident.
The old man of sixty years old encounters the traffic accident
"Big and hot day, I can meet with the old crime! " In the ward of hospital of dept. of orthopedics of the market of Shenyang, the old man of silver hair Zhang FuShun lies on the sick bed, sending out the groan of the agony constantly.
66 -year-old uncle Zhang is a veteran. Will it be December 30 2007, he ride by electric motor car via the north, district of emperor's aunt, when the competent nearby, one high-speed taxi that go knock him out a dozen meter far, the old man falls in the pool of blood. Through rescuing with all strength, uncle Zhang keeps the life, because of comminuted fracture of right thigh, he is transferred from one hospital to another to go to the hospital of dept. of orthopedics of the city to continue treating.
Two days later, the fixed operation in doctors did for him: Plant on its shank into fifteen six centimetres of a length of a film, titanium alloy stencil plate of thick about half a centimetre. According to normal situation, the stencil plate can play a role in fixedly connecting, treat bone of old man in the future to be totally long and kind, and then take out through the operation.
The stencil plate ruptures twice and performs the operation
Until time pass, operation of uncle Zhang cut-out, heal slowly, injure leg rejuvenate gradually. Later, he can move the conduct slowly by oneself while leaning on the crutches. Expect life can take care of oneself, uncle Zhang to the next to fill bright hope. But begin, pull finger, calculate when get the firsth anniversary such as surgery in him, when can take out the stencil plate, injuring the leg began pain suddenly.
With the help of family, uncle Zhang comes back to the hospital of dept. of orthopedics of the city to accept and reexamine, but the doctor claims injury resumes pretty well, let him go home and take exercises and rest more few. However, the sharp pain in the leg makes uncle Zhang feel restless, the chance of a chance, he wore the presbyopic glass and pondered one's own X-ray photograph, suddenly, he found in face of the light that seemed that there is a crack between the stencil plates!
Go to the hospital to reexamine again, the result verifies: The stencil plate ruptures! On June 18 this year, in order to take out the fracture stencil plate, he is forced to accept the operation as long as more than 7 hours for the second time, 1600 ml of blood transfusion.
The doctor claims the manufacturer wants to compensate 10,000
In the face of the above-mentioned experience, uncle Zhang and family find the hospital to consult many times, the doctor in charge claims the stencil plate ruptures and has no relations with the operation is operated, either patient's self reason causes, or stencil plate quality problem.
In the morning of the 14th, the reporter accompanies uncle Zhang family members to come to the office of doctor of hospital of dept. of orthopedics of city, have seen doctor in charge doctor Tian. As to the experience of uncle Zhang, he expresses sympathy. "This kind of situation is too rare, I am contacting stencil plate manufacturer actively. " Doctor Tian says, the manufacturer has already agreed to compensate for 10,000 yuan at present.
However, uncle Zhang and family can't accept about this kind of compensation form and compensation number. Reporter want, come on the intersection of manufacturer and telephone number from hands of doctor Tian. After a lot of bother, the reporter knows, the stencil plate comes from a German manufacturer, this company responsible for Shenyang area belongs to the tertiary agent. The other side claims, family Zhang can apply to appraise the quality of the stencil plate to the related departments, however, family Zhang should pay first 3000 yuan and appraise fee first. Determine the result is like really belonging to the quality problem of the stencil plate, determine the fee will be taken by the manufacturer. Otherwise, all expenses are undertaken by family Zhang.
The lawyer claims the hospital can't avoid the responsibility
On the same day, reporters carried on legal advice on above-mentioned problem. Shenyang explain raise the intersection of lawyer's office and old great lawyer, analyze, claim uncle Zhang can choose hospital or manufacturer one of as the defendant, solve through the legal procedure.
One of the focuses, uncle Zhang thinks the existing problem causes the stencil plate to rupture at the time of the hospital treatment; The hospital thinks, the stencil plate uncle Zhang's sports or walks while rupturing to cause carelessly. Lawyer Chen Hao thinks, the medical lawsuit belongs to one infringing in the civil law specially too, it does not have fault principle that applicable, the burden of proof is inverted. So long as the victim has offered the malpractice testimonial, after appealing, should be put to the proof by the defendant side. The hospital thinks it is uncle Zhang's self reason that causes the stencil plate to rupture, should produce evidence, because the hospital is unable to offer, should damage and bear compensation responsibility to his life.
Second of focus, the quality problem of the stencil plate. Lawyer Chen Hao supplements emphasizing, confirms it is a quality problem of a stencil plate such as being measured, then the hospital can't avoid the responsibility either, because the hospital has not shouldered supervision responsibility while stocking up, have entered the stencil plate not up to standard. He says, so long as the patient receives treatment in the hospital, then reach the service agreement between doctors and patients, in this course, no matter which link has gone wrong, the hospital should shoulder certain responsibility. (Tang KuiYang)
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