[Case Summary]This case involves a dispute over medical liability. In April 2023, Ms. A, a patient, went to a certain third-level D hospital in Beijing for treatment of pain in the left dorsal foot. She was referred to F Hospital for surgery, but after the surgery, the wound repeatedly suppurated and worsened despite six debridements. F Hospital failed to detect the cancer in time, and on August 1, she was diagnosed with epithelioid sarcoma with lung metastasis and had her leg amputated. She died on September 9. The family entrusted Beijing Henglu Law Firm to handle the case.Bai JiaranThe lawyer accurately identified the hospital's faults, initiated litigation and mediation, and finally determined that the hospital was responsible for 55% of the medical dispute and should compensate 1.45 million yuan under the auspices of the Medical Dispute Mediation Committee.

I. Review of the case facts

When encountering questions such as "Do hospitals need to bear liability for misdiagnosing cancer?" and "How to collect medical records as evidence in medical disputes?", the intervention of professional lawyers is particularly crucial. On April 10, 2023, Ms. A, a patient, went to a certain Grade A D hospital in Beijing for treatment due to pain and swelling in her left foot for two years. The outpatient department diagnosed her with metatarsal osteomyelitis. Due to the shortage of hospital beds, the hospital required Ms. A to go to another F hospital for surgery and hospitalization, and issued a referral form for her.

On April 25th, doctors from D and F hospitals jointly performed surgery on Ms. A. However, the postoperative wound failed to heal and continued to suppurate. The hospital conducted six debridement surgeries and one thoracocentesis on Ms. A. However, after six surgeries, the patient's condition not only failed to improve, but worsened instead. The patient's condition continued to deteriorate, with severe pain in the left foot, non-healing wounds with persistent bleeding, difficulty walking, and symptoms such as severe chest pain, shortness of breath, and coughing. However, F Hospital still failed to identify the cause of the disease. Therefore, on July 24th, the patient was transferred to D Hospital. On August 1st, the patient was diagnosed with epithelioid sarcoma metastasis to the lung. On August 2nd, the patient underwent amputation. On August 18th, the patient was discharged from the hospital and returned to Qingdao Hospital in her hometown for further treatment. Unfortunately, the patient passed away on September 9th.

Ms. A's family found it hard to accept this fact and believed that the hospital was at fault for delaying the treatment and should bear corresponding responsibility, but the hospital disagreed. The two sides remained at an impasse, so Ms. A's family turned to Beijing Henglu Law Firm and entrusted the case to a lawyer who has handled many similar medical disputes before.Bai JiaranHandled by a lawyer.

II. The focus of the case

  • Focus 1: Whether the hospital is at fault for the patient's non-healing wounds or failure to detect cancer in a timely manner.Hospital F failed to pay attention to the non-healing wounds, failed to detect the cancer in time, and delayed the treatment.
  • Focus Two: The causal relationship between fault and the worsening of the patient's condition or death, and the proportion of responsibility.The determination of the hospital's liability ratio and the amount of compensation.
  • Focus 3: Determination of the amount of compensation and mediation pathway.A balanced choice between litigation and mediation.

III. Professional intervention by Hengluo Lawyers

The patient claimed that:The hospital failed to pay attention to the non-healing of the wound and failed to diagnose the cancer in time, which delayed the treatment and led to the patient's death. Therefore, the hospital should bear the liability for compensation.

The doctor's position:There are disputes over the division of responsibilities and the amount of compensation.

Hengluo Lawyer's Agency Opinion:After accepting the commission, Hengluo Law Firm found a large number of cases and professional works and, based on the statements of Ms. A's family and more than a thousand medical records collected, accurately identified the problems with the hospital's medical care. Hengluo Law Firm believes that the main problems with F Hospital were that during Ms. A's hospitalization, the hospital failed to pay attention to her unhealed wounds and did not detect the cancer in time, delaying treatment and causing certain negligence on the part of the hospital. Based on this, Hengluo Law Firm, on the one hand, represented Ms. A's family in filing a lawsuit with the People's Court, demanding that F Hospital bear corresponding responsibilities, and on the other hand, actively communicated and mediated with the hospital.

IV. Outcome of the case

During the process of protecting rights, the hospital was not willing to resort to litigation, so the hospital's lawyer, the director, and the parties involved communicated with each other within the hospital. Finally, under the mediation of the Medical Dispute Mediation Committee, it was determined that the hospital would bear 55% of the responsibility and compensate us 1.45 million yuan. The case was settled through mediation, helping the family of the deceased successfully protect their rights.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Bai JiaranThe attorney (practice license number: 11101202211467472, subject to the document issued by the judicial administrative organ) acts as an agent. When facing medical disputes, most people don't know where to start to protect their rights. Seeking legal solutions is an effective way to resolve the problem. By cooperating with attorneys, patients can better safeguard their legitimate rights and interests.

VI. Common Questions about Medical Disputes FAQ

  1. Q: Does the hospital need to bear compensation liability if it fails to diagnose cancer correctly?
    A:If the hospital fails to fulfill its obligation to provide medical treatment in accordance with the prevailing medical standards at that time, and its negligence is causally related to the resulting damages, it shall bear corresponding compensation liability.
  2. Q: How to collect medical records as evidence in a medical dispute?
    A:The objective medical records and subjective medical records should be sealed and copied in a timely manner. If necessary, apply for a medical record appraisal, and have a professional lawyer sort out the medical treatment errors.
  3. Q: What are the compensation standards for medical malpractice?
    A:Based on the degree of fault involvement and the consequences of disability or death, the medical expenses, nursing care expenses, death compensation, and mental distress compensation shall be calculated according to the personal injury compensation standards.
  4. Q: Which is better, mediation or litigation in resolving medical disputes?
    A:Mediation is efficient and conducive to enforcement; litigation is more authoritative but takes a long time. Lawyers will choose or use both methods in combination based on the circumstances of the case.
  5. Q: How much compensation can be obtained for a death caused by a misdiagnosis in a hospital?
    A:It depends on the proportion of liability and the compensation items, and it needs to be determined after the fault participation degree is clarified through appraisal.