[Case Summary]This case is a civil dispute over medical malpractice liability. Liu Hua, a 70-year-old man, was admitted to the hospital for thrombus removal surgery due to acute cerebral infarction. After the surgery, he was transferred to a general ward, but later suffered from intracranial hemorrhage and brain herniation and died. His family entrusted the Beijing Henglu Law Firm to handle the case.Chen PingThe lawyer safeguarded the client's rights. Based on the forensic appraisal, the lawyer proved that the hospital had committed medical malpractice and that there was a causal relationship between the malpractice and the death (with the causal role of the malpractice being secondary), and claimed compensation at a rate of 44%. Ultimately, the court determined that the hospital should bear secondary liability and awarded compensation at a rate of 30%, recovering a total of 172,191.9 yuan in various losses for the plaintiff. The core disputes were the determination of the hospital's medical malpractice and causal relationship, and the compensation rate and amount. Applicable legal provisions: Articles 121-8 and 117-9 of the Civil Code of the People's Republic of China, etc.

I. Review of the case

"How can family members protect their rights when a patient dies during surgery in a hospital?" "How to conduct a medical malpractice appraisal?" "How much should the hospital pay in compensation for misdiagnosis and delayed treatment?" These are frequently searched keywords by family members in such cases. On August 26, 2024, 70-year-old Liu Hua was diagnosed with acute cerebral infarction after being sent to A People's Hospital by his family via 120 emergency service due to left-side limb weakness for 2 hours. He was admitted to the hospital on the same day. On August 27, the hospital performed a full cerebral angiography and a right middle cerebral artery occlusion thrombectomy. After the surgery, he was admitted to the intensive care unit. On September 6, he was transferred to a general ward, and on September 8, it was assessed that his condition was stable and it was recommended to transfer him to the rehabilitation department.

In the early morning of September 9th, Liu Hua suddenly suffered from severe headaches, fever, tremors in both arms, and unresponsive to calls. His family called the on-duty doctor, who only gave him an eighth of a tablet of Quetiapine Fumarate for nasal feeding and took no other treatment measures. From 6:55 a.m. to 9 a.m., the symptoms persisted, but the hospital still failed to take effective measures. Instead, they asked the family to arrange for his discharge to the rehabilitation department. Around 10 a.m., after being transferred to the rehabilitation department, the family noticed that his pupils were unequal in size. An emergency CT scan revealed extensive intracranial bleeding and the formation of brain herniation. Liu Hua died of brain herniation and respiratory and circulatory failure on September 9, 2024. The family believes that the hospital's treatment was clearly negligent and has entrusted Beijing Henglu Law Firm to handle the case.Chen PingThe lawyer protects the client's rights and interests.

II. The focus of the case

  • Focus 1: Whether there were any negligent actions in the hospital's medical treatment and whether there is a causal relationship between these actions and the patient's death.The lawyer applied for a judicial appraisal, and the opinion clearly stated that there were medical negligence in the hospital's diagnosis and treatment, and there was a certain causal relationship with the death. The degree of fault causation was secondary.
  • Focus 2: How to determine the compensation ratio and amount.The plaintiff calculated the total losses based on the 2024 standards of Hebei Province, amounting to 274,548.12 yuan, and claimed compensation at a rate of 44% based on the principle of secondary liability; the defendant argued that the compensation should be calculated at a rate of 20%.
  • Focus Three: Whether the hospital violated medical treatment norms and failed to conduct timely examinations and implement targeted treatment.After the patient experienced sudden postoperative symptoms, the hospital failed to provide effective treatment and even ordered the patient to be discharged, which was deemed a violation of regulations.

III. Professional intervention by Hengluo Lawyers

The plaintiff (the patient) alleges that:The family members believe that People's Hospital A committed errors in the diagnosis and treatment, including failing to conduct timely examinations, failing to adopt targeted treatment, and illegally demanding discharge, which directly led to the death of Liu Hua. Therefore, the hospital should bear corresponding compensation liability in accordance with the law.

The defendant (the hospital) argued that:A People's Hospital argued that the patient suffered from multiple serious diseases, and the root cause of his death was the progression of his own diseases; the appraisal opinion only recommended that the hospital bear "secondary liability", and according to judicial practice, it should bear 20% compensation liability; the plaintiff's claims for death compensation and funeral expenses were unclear, and the compensation for mental damage of 100,000 yuan lacked basis.

Hengluo Lawyer's Agency Opinion:Chen PingThe lawyer formulated a clear strategy: First, comprehensively collect evidence such as household registration books, certificates of kinship, medical certificates of death, hospitalization records, imaging reports, forensic appraisal opinions, and invoices for appraisal fees to establish the facts; Second, apply for forensic appraisal in accordance with the law to clarify the hospital's fault and causality; Third, calculate the death compensation, funeral expenses, mental damage compensation, and appraisal fees accurately according to the 2024 standards of Hebei Province, and claim a total compensation of 274,548.12 yuan at a rate of 44%; Fourth, strictly adhere to Article 121-8 of the Civil Code, and put forward the argument that the medical institution and its medical staff should bear the liability for compensation if they are at fault, and that the plaintiff's various claims have factual and legal basis and should be supported.

IV. Outcome of the case

The court determined after trial that A People's Hospital was at fault in its medical treatment of Liu Hua, and there was a causal relationship between the hospital's negligence and Liu Hua's death, with the hospital's fault being secondary. The court ruled that the hospital should bear secondary liability and compensate the plaintiff at a rate of 30%. The plaintiff's losses included death compensation of 456,100 yuan (calculated as 45,610 yuan per year of the average disposable income of urban residents in Hebei Province in 2024 multiplied by 10 years, as Liu Hua was 70 years old at the time of his death), 50,000 yuan in compensation for mental distress, and funeral expenses of 48,523 yuan (calculated as the average wage of urban non-private employees in Hebei Province in 2024 divided by 2). In total, the plaintiff recovered a total of 172,191.9 yuan in various losses. The judgment was based on Article 121-8 of the Civil Code of the People's Republic of China and other relevant provisions.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Chen PingThe attorney (practice license number: 11101201411619680, the document issued by the judicial administrative organ shall prevail) acts as the agent. Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions About Medical Damage Liability Disputes - FAQ

  1. Q: If a patient dies after surgery in a hospital, how can we determine whether the hospital is responsible for this?
    A:The key point is whether there are any medical treatment errors and a causal relationship with the damage, which usually needs to be confirmed through a judicial appraisal of medical damages. Families should promptly seal the medical records, collect images and rescue records, and entrust professional lawyers to apply for an appraisal.
  2. Q: Where can I go to get a medical malpractice appraisal, and who will pay for the fees?
    A:In the litigation, the court appoints a qualified appraisal institution to conduct the appraisal. The appraisal fee is generally prepaid by the applicant and ultimately shared according to the proportion of responsibility. The appraisal opinion will clarify the fault and the degree of causality (complete, main, equal, secondary, minor).
  3. Q: What is the average amount of compensation that hospitals typically pay when they are held secondarily liable?
    A:The secondary liability is not fixed at a certain percentage. The court will determine it based on the circumstances of the fault within the range of 20% to 40%. In this case, the hospital's secondary liability was ultimately compensated at 30%, subject to the specific findings of the appraisal opinion and the circumstances of the case.
  4. Q: If a patient dies due to their own illness, does the hospital still have to compensate them?
    A:If the hospital's medical treatment actions are at fault and have a causal relationship with the death, even if the patient has an underlying disease, the hospital should still bear corresponding compensation liability according to the degree of its fault.
  5. Q: What is the statute of limitations for medical dispute litigation?
    A:The statute of limitations for suing the people's court to protect civil rights is three years, starting from the date when the right holder knows or should have known that his rights have been infringed and the obligations holder's identity has been revealed. It is recommended to protect your rights and collect evidence as soon as possible.