At present, the Yibin medical dispute peoples mediation committee and the Cuiping District Health Bureau have been involved. The mediation records show that the medical adjustment Commission recommends that the hospital undertake all the responsibilities, while the hospital recommends Ms. Xie to settle the dispute through judicial channels. Patient: physical examination of tumor confirmed no tumor. Ms. Xies daughter, Miss Fan, said that Ms. Xie, 53, is a native of Yibin, who has been working in Guangzhou. In February 23rd this year, she was taken to the third peoples Hospital of Yibin for physical examination. Abdominal ultrasound examination revealed that the size of the pelvic cavity was about 6.4cmX5.4cm mixed echo lump, and the boundary was clear, consisting of an echogenicity and a cluster of strong echoes. Miss fan to the Chengdu commercial newspaper reporter to the Chengdu newspaper reporter, Yibin City, the third peoples Hospital of Obstetrics and Gynecology preoperative discussion records showed that the pelvic cavity mixed echo block shadow (teratoma to be discharged), recommended surgical treatment, so the outpatient teratoma income in obstetrics and Gynecology treatment. After the discussion, the opinion was: pelvic mass >5cm, the nature and unknown origin, there are indications for surgery. The patients medical records showed that: differential diagnosis is ovarian tumor, benign may be larger, do not exclude malignant tumor, need further surgery, postoperative identification. Miss Fan recalls that her mother just went home for the Lunar New Year and took a physical examination. Before the examination, I had already bought a ticket to Guangzhou, and I didnt ask for leave. I was completely unprepared. The family consults the doctor if the doctor can do the operation for two months. The doctor told us that the tumor is big and will grow up, the disease is dangerous, and it is suggested that the operation should be done right away. Miss Fan said. After knowing that she might suffer from malignant tumor, Ms Xie was hit and told her she did not want to operate. Thanks to the childrens persuasion, Ms Xie reluctantly agreed to remove the lesion. Two days later, at about 20 oclock on the evening of 26, Ms. Xie was pushed into the operation room. About two hours or so, we thought the operation should be finished. The doctor came out to tell us that we had not found the tumor, but the uterus was a bit big, and asked if it needed to be removed? Miss Fan told the Chengdu Commercial Daily that they chose minimally invasive surgery before surgery, and doctors opened five small holes in the abdomen of their mother. In order to allow the family members to decide as soon as possible, the doctor asked Miss Fan to enter the operation room. I checked through their instruments and equipment, and I did not find any tumor, and the doctor has repeatedly confirmed that there is no tumor. Miss Fan recalls that she was somewhat muddled by this sudden situation. Although no tumor was found, the doctor said that the uterus might develop lesions, and the four time she asked whether she had removed the uterus. We do not understand, but since there is no tumor, only the uterus is too large. Why do we have to remove it? After discussing with her family, Miss Fan did not agree to remove the uterus. Miss Fan said she had seen an endoscope through the operation room and the doctor had cut a knife on the uterus. They said they were looking for a tumor. Miss Fan told reporters that after that they asked doctors to stitch up the operation, which lasted for more than two hours, and did four hours. Mediation records: the medical adjustment Committee recommends that the hospital be responsible for full responsibility The informed consent of the operation provided by family members recorded the no clear division and clear tumor in Ms. Xies operation. The doctor wrote the instructions on the operation under the document, and gave two options for no treatment and further clarifying the hysterectomy for disease inspection. Miss Fan signed six words asking for temporary processing. After the event, Miss Fan sent her mother to the Yibin First Peoples Hospital for medical treatment (three a hospital), and concluded that it was no need to be treated and rechecked. Miss fan also through the network inquiry, the Yibin three hospital color Doppler examination report, a hospital color Doppler examination report to the Yibin Second Peoples Hospital (three a hospital) doctor for remote diagnosis, was judged to be small lumps, little impact, no operation, no need to take medicine, fixed period inspection. As a result, Miss Fan and other families questioned the third peoples Hospital in Yibin to mislead the patients operation, and the family members of the patients were deliberately guided to remove the uterus. Once the uterus was removed, the operation was done, and we could not do anything. Miss Fan believes that the hospital may have problems of misdiagnosis, irregularities and excessive medical treatment and that the mother is misdiagnosed and that the misdiagnosis does not belong to a reasonable mistake in the hospital. In April 17th, doctors and patients mediate between the peoples mediation committee of Yibin medical dispute. The mediation records provided by the patients showed that the medical experts organized a joint assessment on whether the hospital had the liability for fault in the process of diagnosis and treatment, and finally suggested that the hospital be responsible for the full responsibility. After the study, the hospital decided to compensate the patients for the total loss of work expenses, nursing expenses, hospitalization expenses, mental comfort fees and so on, totaling 5830 yuan, and the refund of the medical expenses paid 3182 yuan. This has brought great mental pain to our family, especially the mental injury that is irreparable to the mother, but the mental damage compensation given by the hospital is only 1000 yuan, and it is completely insincere. Miss Fan told reporters that the patient has delayed two months of work, its normal salary is 4000 yuan a month; in addition, the family members of the rush, the loss should also be compensated by the hospital. Therefore, the hospital is required to pay a compensation of 80 thousand yuan at a time, but the hospital has not agreed. When the hospital is the most fair way of judicature Yibin Third Peoples hospital staff told the Chengdu Commercial Daily reporter that the attitude of the hospital has been very clear, and suggested that patients take judicial channels. Handling through judicial proceedings is fair to both doctors and patients. The staff said that after the doctor-patient dispute was passed through judicial procedures, the responsibility of the three Yibin hospital would never be shirk. Lawyers statement Guo Gang, a lawyer of Fang CE law office in Sichuan, believes that the term misdiagnosis is a medical term rather than a legal term. The misdiagnosis itself will not produce legal liability. Only the misdiagnosis caused by the doctors fault can cause the corresponding legal liability. Guo Gang said that, in the case of the case, the main focus of the dispute between the two sides is that there should be no surgical measures for tumor and tumor, which is actually a technical action. On the other hand, the hospital is obviously more advantageous than the patient, and it is precisely because of this that the rules of evidence in civil litigation stipulate that the tort litigation caused by medical behavior is not responsible for the causal relationship between medical behavior and the result of the damage, that is, the burden of proof, that is, the burden of proof falls down. Set. In addition, from the conclusion of the same color Doppler examination in two other hospitals, the medical staff of the hospital have been suspected of the fault of the corresponding diagnosis and treatment obligations of the medical level in the diagnosis and treatment activities. Therefore, Guo Gang lawyer suggested that the patient can communicate with the hospital through mutual consultation, complaints to the health administration and seek mediation. If there is no agreement, the patient can take the way of litigation to seek the final settlement of the dispute. Sichuan Ming Ju (Yibin) law firm Yan Fusheng lawyers believe that Ms. Xie is reasonable compensation, first of all, we must clarify responsibilities. This requires the identification of medical malpractice before entering the judicial process, and the amount of compensation can be determined according to the damage caused by medical accidents. Due to the high requirements of medical malpractice appraisal and slow process, judicial proceedings will take about six months or more to produce results. In terms of compensation, the patient may lose a little. The hospital claims compensation is 5830 yuan on the low side, but the patient claims compensation is 80 thousand yuan higher. Source: Chengdu business daily editor: Ji Xue Ying _NN6784 Therefore, Guo Gang lawyer suggested that the patient can communicate with the hospital through mutual consultation, complaints to the health administration and seek mediation. If there is no agreement, the patient can take the way of litigation to seek the final settlement of the dispute. Sichuan Ming Ju (Yibin) law firm Yan Fusheng lawyers believe that Ms. Xie is reasonable compensation, first of all, we must clarify responsibilities. This requires the identification of medical malpractice before entering the judicial process, and the amount of compensation can be determined according to the damage caused by medical accidents. Due to the high requirements of medical malpractice appraisal and slow process, judicial proceedings will take about six months or more to produce results. In terms of compensation, the patient may lose a little. The hospital claims compensation is 5830 yuan on the low side, but the patient claims compensation is 80 thousand yuan higher.