Because of fever and cough, Dalian guy Li Jun (pseudonym) went to a clinic in Ganjingzi District to get a hanging bottle.Shortly after injection of the second hanging bottle, Li Jun had an allergic reaction, shortness of breath, was sent to the hospital for rescue, and soon died unfortunately.At the time of the incident, Li Jun’s wife was pregnant and had 3 months of due date.Family members believe that the clinic should be responsible for this matter, so the clinic is prosecuted to the court to claim more than 1.59 million yuan in claims.
At 6 pm on August 10, 2016, Li Jun went to a clinic in Ganjingzi District, Ganjing, Ganjing, Dalian to a hanging bottle because of fever, cough and other symptoms.
The doctor prescribed three groups of drugs including lypelin and Azithromycin.After the first group of drugs was injected, Li Jun had a allergic reaction shortly after the second hanging bottle.He began to keep coughing, sweating, and shortness of breathing.The doctor of the clinic quickly gave him an oral support of the pheasant pipe expansion. The clinic also arranged for the car to send the car to the third People’s Hospital of Dalian to rescue.At 7:58 that night, after Li Jun went to the clinic to seek medical treatment for 1 hour and 58 minutes, he died in the hospital.
The family reported the police.On September 28 of that year, he was commissioned by the Health and Family Planning Bureau of Ganjingzi District, and a forensic judicial appraisal opinion of the Liaoning Provincial Clinical Forensic Medicine Appraisal Institute was determined that Li Jun was killed due to allergic reactions with asthma.Three months after Li Jun died unexpectedly, his wife gave birth to his son in the hospital.Before the child was born, he lost his father.
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In 2017, Li Jun’s parents, wives, and relics sued the clinic to the court. The family members believed that the cause of Li Jun’s death was the medical fault of the clinic.After the accident, this clinic with a "ordinary partnership", one of the priests withdrew, also exited and replaced a new partner.Family members ask the clinic to compensate for the total loss of more than 1.59 million yuan in various losses including death compensation, the living expenses, funeral expenses and mental damage soothing money.The partners of the clinic are liable for compensation.
The clinic argued that when Li Jun came to hang the bottle, the doctor had asked the history of his past disease. Li Jun said that he had no history of allergic diseases and said that when he had cough, he was effective when he cough.plan.During the inspection and inquiry process, the doctor asked Li Jun to measure his body temperature. Li Jun refused to measure and said that he had just measured more than 38 degrees at home. He asked to retreat the fever needles as soon as possible.However, during the injection, patients had allergic reactions, and the response symptoms were cough, sweating, and shortness of breath.The doctor came to check it immediately, dialed 120 first aid, and then verbally prescribed the doctor, orally oral hydrochloride (Meipuro) bronchial extension, and intravenous removal.However, during the process of Li Jun’s toilet, his family members pulled out the infusion device, and the medication also spit it out.In addition, Li Jun also had breathing and heartbeat when he was sent to the hospital.After about an hour and a half of the rescue of the Third Hospital, it was declared that rescue failed to die.The clinic said that the opinions of the Dalian Municipal Medical Development Commission were: Medical prescriptions have indications, which are in line with diagnosis and treatment indications, and in line with the routine of diagnosis and treatment.Allergic reactions are caused by individual sensitivity differences.There is no fault in diagnosis and treatment.The clinic said that his medical staff had fulfilled the obligations of reasonable diagnosis and treatment during the diagnosis and treatment process. There was no fault. The consequences of Li Jun’s death had no causal relationship with the defendant’s diagnosis and treatment behavior.Even if the prescription prescribed by the doctor has not obtained the signature or seal of the practicing physician, all the faults are presented, and the clinic is not properly assumed.The cause of Li Jun’s death was caused by his special constitution, not a prescription drug prescribed by a doctor.
The court tried the case that the focus of the controversy in this case was that there was a fault in the diagnosis and treatment behavior of the clinic.The clinic’s consultation doctor was an assistant physician who did not obtain the guidance of a practicing physician when he was admitted to the patient Li Jun.Therefore, the behavior of the clinic violates Article 30, paragraph 1 of the "Practicing Physician Law of the People’s Republic of China", "Practicing Assistant Physicians shall, under the guidance of practicing physicians, in accordance with the provisions of medical, prevention, and health care institutions in accordance with their practice categories"EssenceSecondly, the original registered unit of the clinic treatment nurses was a clinic of Tongliao City, Inner Mongolia Autonomous Region. After the incident, it was changed to the clinic involved in the case.It also violates the relevant provisions of the Nurses Regulations.
In addition, in this case, doctors’ "Presidential Prescriptions" for patients did not record the signature of a practicing physician or stamped with a seal of a practicing physician. During the trial of the clinic, the practice physician who was diagnosed at that time was not at the scene. Therefore, in the """Ordinary prescriptions" "did not take effect directly to the patient, and there was a fault in diagnosis and treatment.Patients died after the clinic. Therefore, there were serious faults in the diagnosis and treatment behavior of the hospital that the hospital.The reason is as follows: First, doctors do not have the qualifications of independent practice. The "General Prescriptions" that they prescribe directly to patients directly injected intravenous injections to patients without effective situations, which seriously violates the laws of the law. The nurse is registered to the clinic to the clinic.The pre -practice has not complied with administrative regulations.Second, according to the forensic judicial appraisal opinion issued by the Liaoning Provincial Clinical Forensic Medicine Appraisal Institute, Li Jun was in accordance with the killing of asthma due to allergic reactions.In this case, Li Jun’s acute allergic reactions occurred and killed after the intravenous injection of mirahlins and amurate hydrochloride."General Prescriptions" did not record the previous history of patients.Third, the "Disease Record" issued by the clinic has not been delivered to the patient’s own or family members on the clinic, which violates relevant regulations.Whether "Disease Record" cannot be determined for a doctor, and it may be written after rescue.
The medical expenses of the family members of the deceased, compensation for the family members of the deceased, death compensation, funeral expenses, funeral expenses, body refrigeration costs, autopsy, and survival costs were more than 1.189 million yuan, and the compensation spirit was 100,000 yuan.
Text: Dalian Evening News Chief Reporter Wan Heng
Edit: Xiao Gang