[Case Summary]This case involves a dispute over medical liability. Liu Jianguo sought medical treatment for a "rectal mass", but A Hospital ignored the pathological results of "polypoid hyperplasia", misdiagnosed his condition as cancer, and performed three surgeries on him, resulting in a level-7 disability, fecal incontinence, and loss of sexual function. Liu Jianguo entrusted the Beijing Henglu Law Firm to handle the case for him.Bai JiaranThe lawyer filed a lawsuit and applied for a pre-litigation appraisal to determine the fault and the 90% liability ratio. The court ruled that A Hospital should bear 90% of the compensation liability, with the total compensation amounting to 846,701.47 yuan. The core disputes include: the determination of medical fault, the liability ratio, and the compensation amount; the application of the liability rules for medical damages in the Civil Code.

I. Review of the Case Facts

It turned out to be just a polyp, but the hospital still operated on his large intestine as if it were cancer. Can he claim compensation? Many people search for terms like "how to claim compensation for misdiagnosing cancer" and "how to apply for a medical damage appraisal". In April 2023, Liu Jianguo went to the hospital for treatment due to rectal bleeding. The colonoscopy pathology report clearly showed "polyp-like hyperplasia of the rectal mucosa with chronic inflammation" and no cancer cells, but Hospital A still decided to perform radical resection of the rectal cancer on May 3rd without fully informing him of the conflicting results. On May 4th, most of the rectum was removed. After two subsequent surgeries, Liu Jianguo underwent three surgeries in a year, resulting in fecal incontinence and loss of sexual function. Liu Jianguo entrusted Beijing Henglu Law Firm to handle the case for him.Bai JiaranThe lawyer sued Hospital A in court, demanding that it bear 90% of the responsibility and compensate more than 1.01 million yuan.

II. The focus of the case

  • Focus 1: Whether there is any fault or causal relationship in the medical treatment behavior.Do misdiagnosing cancer, improper surgical methods, and insufficient preoperative briefings constitute negligence?
  • Focus II: Determination of the proportion of responsibility.The plaintiff claims 90%, while the defendant claims 75%. How should the court determine the appropriate percentage?
  • Focus Three: The reasonableness of the compensation amounts.Calculation standards for items such as loss of working time, nursing care fees, and compensation for mental distress.

III. Professional intervention by Hengluo Lawyers

The plaintiff originally claimed that:Liu Jianguo claimed that A Hospital misdiagnosed cancer, performed improper surgery, and failed to provide sufficient information, which constituted a major fault. He demanded that the hospital bear 90% of the responsibility and compensate for all losses amounting to 1,011,447.37 yuan (including 100,000 yuan in compensation for mental distress).

The defendant argued that:Hospital A acknowledges the "main cause" but claims a 75% responsibility ratio; questions the amounts of lost wages, nursing care fees, nutrition fees, transportation fees, and compensation for mental distress; and argues that the plaintiff, who has exceeded the retirement age, should not be entitled to compensation for lost wages.

Legal opinion of Hengluo Law Firm:Bai JiaranThe lawyer advised and assisted in applying for a pre-litigation judicial appraisal to clarify the fault, causality, liability ratio, and "three periods"; supplemented with business licenses, labor contracts, and income certificates to prove that the plaintiff was still working after retirement and earned 4,800 yuan per month; sorted out the transportation and accommodation receipts; and argued that the hospital's obvious fault should bear 90% of the responsibility, and the 100,000 yuan in compensation for mental distress was reasonable.

  • Apply for a pre-litigation appraisal to identify the faults of misdiagnosis, improper surgery, and insufficient information disclosure
  • Provide evidence of the actual income from work after retirement to refute the claim that over-age workers are not compensated for loss of income due to work stoppage
  • Demonstrate the rationality of each item, including nursing fees, nutrition fees, transportation fees, and compensation for mental distress

IV. Outcome of the case

The court adopted the lawyer's core opinion and determined that A Hospital's medical treatment was at fault, had a direct causal relationship with the damage consequences, and was the main cause. The court accordingly determined that the hospital should bear 90% of the compensation liability. The court supported the following claims: disability compensation of 532,592.64 yuan, medical expenses of 84,198.83 yuan, hospitalization meal subsidies of 8,910 yuan, nursing fees of 45,000 yuan, loss of income of 100,000 yuan, nutrition fees of 20,000 yuan, transportation fees of 3,000 yuan, and accommodation fees for accompanying family members of 3,000 yuan, totaling 846,701.47 yuan; the court ordered the hospital to bear the case acceptance fee of 11,638.37 yuan and the appraisal fee of 19,800 yuan. The parties' rights and interests were fully protected.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Bai JiaranAttorney (Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative organ). Attorney's Reminder: The key to medical disputes lies in the judicial appraisal of fault and causality. Patients should apply for pre-litigation appraisal as soon as possible and keep the medical records, pathology reports, and expense vouchers in full; those who are still actually working after retirement can claim for loss of income based on the labor contract and income proof.

VI. Common Questions About Medical Malpractice Liability Cases - FAQ

  1. Q: Can I claim compensation for a surgery caused by a misdiagnosis?
    A:Yes. If the hospital's diagnosis and treatment are found to be at fault and causally related to the damage, the patient can claim compensation, including disability compensation and mental comfort money.
  2. Q: How to apply for a medical damage appraisal?
    A:It is possible to apply for a judicial appraisal before or during the litigation to clarify the fault, causality, liability ratio, and the "three periods", which are the core evidence for winning the case.
  3. Q: Can I still claim compensation for loss of income after retirement?
    A:Yes. If a retiree is still engaged in actual work and earns an income after retirement, they can claim compensation for loss of work time based on the labor contract and proof of income.
  4. Q: How is the compensation for mental distress calculated?
    A:The compensation amount will be determined based on the degree of disability and the severity of the consequences. In this case, the compensation for a level-7 disability and loss of sexual function is set at 50,000 yuan.
  5. Q: What should I do if the hospital refuses to acknowledge the high compensation amount?
    A:The court shall refute each item in the appraisal report and evidence, and determine the amount of compensation based on the proportion of liability and statutory standards.