After the fall of a woman, see the doctor of traditional Chinese medicine.

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 After the fall of a woman, see the doctor of traditional Chinese medicine.


After discharge, Zhao Hongmei took the Chinese medicine clinic to court. The court held that the clinic failed to inform the patient of the possible conditions and consequences in time, delay its best and effective treatment time, and eventually lead to the right arm amputation, with the corresponding diagnosis and treatment fault. At the same time, the clinic did not write the medical records, resulting in inability to truly reflect the diagnosis and treatment behavior, and finally determined that the clinic was responsible for 70% of the liability. [accident Wrestling in the home does not go to the big hospital Amputation of Chinese medicine after half a month of diagnosis and treatment In the evening of October 18, 2016, Zhao Hongmei, 63, fell down at home and injured her right hand. She immediately went to a Chinese medicine clinic in Shiqiao, Jianyang, for treatment. The clinics diagnosis and treatment is preventive health care and Department of traditional Chinese medicine. Zhou Zhou has obtained the doctors qualification certificate of Sichuan Province as an operator. At the time of diagnosis and treatment, Zhou made manual reduction to Zhao Hongmeis right hand injury, and applied external application, and fixed his right arm at the same time. On the second day, Zhao Hongmei took photos of other hospitals in Zhous recommendations and handed them to Zhou. And in the following 14 days (October 19th ~11 1), Zhao Hongmei has been in this clinic for treatment. During the treatment, Zhao Hongmeis right arm gradually appeared red and swollen, ulcerated and other symptoms, according to the clinic provided by the outpatient log records, Zhao Hongmei injured place skin from millet rice, itching, red subcutaneous water sample. In November 1st, Zhao Hongmei was hospitalized in Jianyang Peoples Hospital for the more severe symptoms such as red and swelling and ulceration in the right hand. It was diagnosed as 1, 2 diabetes, diabetic hyperosmotic syndrome, diabetic ketoacidosis, right upper limb skin ulceration, right forearm ischemic spasm, and recommended to a higher hospital for treatment. On the same day, Zhao Hongmei was transferred to West China Hospital of Sichuan University for treatment. What she did not expect was that she sent her a notice of danger after consultation. The consultation records showed that the right upper arm of Zhao Hongmei had distal swelling, a large area of the forearm was destroyed, and the color of the ulcer tissue was purple black. The ulnar and radial artery can not be palpable. The necrosis of the forearm in the right upper limb of the patient was obvious. Two days later, Zhao Hongmei left Sichuan University West China Hospital and went to the hospital for gangrenous dermatitis and continued to be hospitalized in the Department of orthopedics. The hospital was diagnosed as ischemic necrosis associated infection after the right forearm compartment syndrome, closed fracture of the right radius, and diabetes. Zhao Hongmei had to undergo an amputation of the right upper arm and was hospitalized for one and a half months. [verdict Amputation is related to the fault of the clinic After discharge, Zhao Hongmei took the Chinese medicine clinic to court and claimed a medical fee of 74890.82 yuan. In the court trial, Zhou gave out the outpatient diary, but because the clinic failed to produce the medical record data, the appraisal organization could not conduct the identification. The Jianyang court of first instance court held that the clinic failed to inform Zhao Hongmei of the possible conditions and consequences in time to delay the best and effective treatment time for Zhao Hongmei, which eventually led to Zhao Hongmeis right arm amputation, and the clinic had a corresponding diagnosis and treatment fault, and the fault had a legal cause and effect between the consequences of Zhao Hongmeis right arm intercepting limb. Relationship. At the same time, the verdict of first instance indicates that severe diabetic patients with trauma, such as inadvertent or untimely treatment, can easily lead to complications such as tissue necrosis. Traditional Chinese medicine clinics only treat simple diseases and can not carry out diagnosis and treatment of complex diseases based on medical conditions of clinics, and the clinic should recommend that patients go to higher hospitals for treatment. . In addition, the clinics outpatient log recommends to a higher hospital, I do not want to write after the post, because the font is obviously smaller than the front font, as the tampering of the medical record. At the same time, the court held that Zhao Hongmei himself had some faults, and the clinics could reduce the liability of compensation accordingly. The first instance court decided that the clinic was responsible for 70% of the compensation, and Zhao Hongmei was responsible for 30% of the liability, and the clinic was awarded the Zhao Hongmei medical fee of 31944.35 yuan. After the decision, the clinic believes that the clinic log is not the category of the medical records, only the diary records of the doctors own work, and even the supplement should not be regarded as tampering. The court of second instance believes that the outpatient log does not belong to the category of medical records, but the fact that the clinic does not write the medical records leads to the fact that the facts of the diagnosis and treatment can not be truly reflected, and the clinic should write the records of outpatient records according to the basic standard of medical records writing, but the doctor does not write the outpatient records. According to the relevant judicial interpretation, the patient submitted to the court for medical institutions to submit the medical records related to the dispute, and the medical institution was not submitted within the time limit of the court. The medical institution could presumed that the medical institution had fault, and the court of second instance found the clinic to be at fault. In March 30, 2018, the court of second instance dismissed the appeal and upheld the original judgment. [lawyer A flaw in a medical record is presumed to be a fault. Guo Gang, a lawyer in Sichuans Fang CE law firm, pointed out that medical behavior must have an objective record in order to judge whether there is a subjective fault in an objective material in a future dispute, so there is a very strict standard of writing about the medical records. The medical clinics in this case can not take the medical records, which leads to the failure of judicial identification, the fault of the diagnosis and treatment, and whether there is a causal relationship between the medical fault and the right arm amputation. Zhao Yin lawyer of Sichuan Ming torch law firm believes that the tort liability law clearly stipulates that medical institutions have violated medical norms, or concealed, altered and forged medical records, presumed to be in fault. The key to this case is that there is no evidence that the patient has been admitted to a large hospital for further treatment. If there is no evidence, it can be concluded that it has not done the duty of disclosure. If the disease is aggravated, it has to bear legal liability. Zhao has opened a clinic, she said, the treatment of open wound needs to prevent infection, but as traditional Chinese medicine can not use antibiotics, at the same time as a clinic treatment conditions will be limited, after the simple treatment, the patient should go to the hospital for further treatment. Zhao also reminded the public that after the introduction of the tort liability law, the rules of the inversion of the burden of proof of the medical accident dispute are no longer applicable, and return to who advocates who raises the evidence, that is, the medical institution needs to be proved by the patient to have fault now, as in this case, the clinic did not inform the hospital to go to the hospital in time. The Taihe Thai law firm ROC lawyer also believes that medical damage disputes require patients to put forward a hospital fault, so in principle, it is no longer applicable to the inversion of the burden of proof. However, he also pointed out that the fifty-eighth article of the tort liability law also stipulates that, in violation of the provisions of the relevant rules and regulations in the laws and regulations, concealing or refusing to provide medical records related to the dispute, forgery, tampering or destruction of the medical records will presumed that the medical institution is at fault. Shape, otherwise it will bear adverse consequences like this case. Source: Chengdu business daily editor: Zhang Xianchao _NN9310 Zhao has opened a clinic, she said, the treatment of open wound needs to prevent infection, but as traditional Chinese medicine can not use antibiotics, at the same time as a clinic treatment conditions will be limited, after the simple treatment, the patient should go to the hospital for further treatment. Zhao also reminded the public that after the introduction of the tort liability law, the rules of the inversion of the burden of proof of the medical accident dispute are no longer applicable, and return to who advocates who raises the evidence, that is, the medical institution needs to be proved by the patient to have fault now, as in this case, the clinic did not inform the hospital to go to the hospital in time. The Taihe Thai law firm ROC lawyer also believes that medical damage disputes require patients to put forward a hospital fault, so in principle, it is no longer applicable to the inversion of the burden of proof. However, he also pointed out that the fifty-eighth article of the tort liability law also stipulates that, in violation of the provisions of the relevant rules and regulations in the laws and regulations, concealing or refusing to provide medical records related to the dispute, forgery, tampering or destruction of the medical records will presumed that the medical institution is at fault. Shape, otherwise it will bear adverse consequences like this case.