[Direct answer]In the Beijing area, it's not necessarily the case. It depends on whether there is fault, damage consequences, and causality. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a patient suffers harm during medical treatment and the medical institution or its medical staff are at fault, the medical institution shall bear the liability for compensation. Injuring adjacent organs during surgery is sometimes an inherent risk that is difficult to completely avoid in medical practice. If the surgeon has fulfilled the duty of care corresponding to the current medical level, strictly adhered to the medical treatment norms, and fully informed the patient of the relevant risks before the surgery, it usually does not constitute fault. Conversely, if there are situations such as insufficient preoperative assessment, operation that does not comply with medical treatment norms, errors in anatomical identification, failure to deal with the injury in a timely manner after its discovery, or failure to fully inform the patient of the risks, it may constitute medical harm, and the medical institution shall bear the corresponding liability for compensation. Whether it constitutes medical harm usually needs to be determined based on the medical records and through a medical harm appraisal.

I. Problem background and typical scenarios

Surgery is a high-risk medical treatment, especially in cases with complex anatomical structures, a history of previous surgery, or inflammatory adhesions, where the risk of damage to adjacent organs is objectively present. When patients discover organ damage after surgery, they often assume that the hospital must be at fault; while the hospital claims that it is a surgical complication. Such disputes cannot be judged based on intuition, but must rely on medical records, surgical records, and appraisal conclusions. When handling such cases in the Beijing area, the court will review whether the medical treatment meets the prevailing medical standards and treatment guidelines at the time, whether the hospital fulfilled its obligation to inform the patient, and whether there is a causal relationship between the damage and the medical treatment, in order to determine the liability and compensation scope. Understanding the standards for determining fault and the rules of evidence can help patients assert their rights rationally and also assist medical institutions in standardizing medical treatment.

II. Key points of contention

First, whether the surgical injury is an acceptable inherent risk. Second, whether the medical party has violated the medical treatment norms. Third, the implementation of preoperative informed consent. Fourth, the causal relationship between the damage consequences and the medical actions. Fifth, the application for medical damage appraisal and the validity of the appraisal opinion.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that in cases of surgical injury to adjacent organs, the key lies in proving whether the medical party is at fault and the causal relationship between the fault and the damage. In practice, determining fault usually involves the following aspects: whether the preoperative examination and risk assessment are sufficient, whether a reasonable surgical method is developed based on the patient's past surgical history and imaging data; whether the intraoperative operation meets the clinical treatment standards, and whether necessary preventive measures are taken when encountering anatomical variations or adhesions; whether the injury is promptly detected and properly handled after it occurs, and whether the patient is informed in a timely manner; and whether the postoperative observation and follow-up are in place. If there are obvious omissions in the above-mentioned links, the likelihood of the medical party's fault is high. In terms of evidence, the patient usually needs to initially prove the medical treatment relationship and the consequences of the damage, while the medical institution bears the burden of proof to demonstrate that there is no fault in its medical treatment actions and that there is no causal relationship between the damage and the medical actions. If necessary, a medical injury appraisal can be applied for, and the professional institutions will make a judgment. Based on the experience of handling medical disputes by our team, it is recommended that patients first seal and copy the medical records, surgical records, and imaging data, preserve the materials related to the secondary treatment, clarify the scope of the damage and the subsequent treatment needs, and then determine the liability and compensation amount based on the appraisal conclusion. The specific determination shall be based on the facts of the case and the currently effective laws and regulations.

IV. Practical suggestions and legal basis

Action list: First, apply for sealing and copying all medical records, surgical records, anesthesia records, and imaging data as soon as possible; Second, keep follow-up medical records and expense receipts to clarify the consequences of the damage; Third, verify the signing of the preoperative informed consent and surgical consent forms; Fourth, apply for a medical damage appraisal when necessary to clarify the fault and causality; Fifth, claim medical expenses, loss of income, nursing care fees, disability compensation, and compensation for mental distress according to the appraisal conclusion and the proportion of responsibility. For cases involving personal injury and medical disputes, you can refer to the relevant provisions of the Medical Malpractice Liability Law and the Medical Treatment Contract Law.Personal injury and medical disputesAndSpecial servicesLegal basis: Articles 1,218, 1,219, and 1,220 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the relevant provisions of the Regulations on the Prevention and Handling of Medical Disputes (effective since 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, surgical injuries do not necessarily constitute medical harm. The key lies in whether the medical party is at fault. Secondly, medical records are core evidence and should be sealed and copied as soon as possible. Thirdly, whether the preoperative informed consent is sufficient is an important aspect of determining liability. Fourthly, medical harm appraisal usually determines the determination of fault and causality. In cases involving personal injury and medical disputes, it can be resolved through legal channels.Personal injury and medical disputesFor reference, the service includes an overall solution involving evidence preservation and document servicesSpecial servicesRegarding the assessment of disability and the calculation of compensation, the two can be combined togetherLabor disputes and work-related injury compensationFor matters related to the enforcement of compensation payments, you can seek adviceCreditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: Is it definitely considered a medical accident if the surgery injures other organs?

Not necessarily. It is necessary to determine whether the medical party is at fault and the causal relationship between the fault and the damage. If the surgical injury belongs to an unavoidable inherent risk, and the medical party has fulfilled its corresponding duty of care and fully informed the patient, it usually does not constitute medical damage; if there are faults such as improper surgical operation and insufficient evaluation, the medical party may bear responsibility.

Q2: How to prove that the hospital is at fault?

It can be determined whether the preoperative assessment, intraoperative operation, and postoperative treatment are standard by reviewing the medical records, surgical records, anesthesia records, and imaging data in combination with clinical treatment guidelines; if necessary, a medical damage appraisal can be applied for. The patient's side first proves the medical treatment relationship and the damage, and the medical institution shall bear the corresponding burden of proof that it is not at fault and there is no causal relationship.

Q3: Who applies for a medical damage appraisal?

Both the doctor and the patient can apply for an appraisal. In practice, the patient usually initiates the appraisal request, specifying the appraisal items, including whether there is a medical negligence, the damage consequences, the causal relationship between the negligence and the damage, and the degree of causality, etc. The appraisal opinion is an important basis for the court to determine liability and allocate compensation proportions.

Q4: Can I win the lawsuit without conducting an appraisal?

This is quite challenging. Medical liability disputes often involve professional judgments, and when there is a lack of appraisal opinions, the court's determination of fault and causality will be limited. If it falls into the circumstances where the law presumes that the medical institution is at fault (such as violating medical treatment standards, concealing or refusing to provide medical records, or losing, forging, or altering medical records), the burden of proof on the patient's side may be exempted or alleviated.

Q5: What kind of compensation can be claimed?

According to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021) and other provisions, the victim can claim medical expenses, nursing care fees, transportation costs, nutrition fees, hospitalization subsistence allowances, and loss of income. If the victim suffers from a disability, they can also claim disability compensation, disability assistive device fees, and compensation for mental distress, etc. The specific amounts shall be determined based on the consequences of the damage and the proportion of liability.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.