What are the compensation standards for hospital misdiagnosis? How much can the hospital pay?

What are the compensation standards for hospital misdiagnosis ? How much can the hospital pay ?

Doctors often misdiagnose in hospitals , These are caused by doctors' own mistakes in the process of practicing . that , How should hospitals compensate patients for misdiagnosis ? What is the compensation standard ? What compensation does it have ? This article gives you a detailed answer .

《 Tort law 》 Relevant provisions ：

Fifty seven The medical staff failed to fulfill the diagnosis and treatment obligations corresponding to the medical level at that time in the diagnosis and treatment activities , Causing damage to the patient , Medical institutions should be liable for compensation .

Article 16 Causing personal injury to others , Medical expenses should be compensated 、 Nursing expenses 、 Transportation expenses are reasonable expenses for treatment and rehabilitation , And reduced income due to missed work .

Article 22 Infringe upon the personal rights and interests of others , Causing serious mental damage to others , The infringed can claim compensation for mental damage .

Case introduction ：

Patient Yao , male ,35 year , It's a farmer in a county in western Liaoning .2004 year 6 month 23 Japan 18：40 xu , Patient Yao is suffering from acute nausea 、 Go to a hospital in western Liaoning for emergency treatment with vomiting, collapse and other symptoms , Receive diagnosis and treatment . After hospitalization , The doctor on duty did not seriously ask his family about the medical history in his hurry , There was no detailed physical examination of the patient , In the absence of sufficient diagnostic basis, the patient will sweat 、 The symptoms of collapse and even syncope were initially diagnosed as organophosphorus pesticide poisoning . And began to implement Zhuo strange plague for patients with organophosphorus poisoning ? Tranquility ≡ han ?5 Atropine was given intravenously three times within minutes , The total dosage reached 205mg.2004 year 6 month 24 Japan 11：20 Patient death . The death of the patient was diagnosed as organophosphorus pesticide poisoning . The family members of the deceased suspect whether the cause of the patient's organophosphorus poisoning is poisoning and murder , Call the police immediately after the patient died . After the police intervened , On 2004 year 6 month 30 A central hospital in the region was commissioned to conduct an autopsy on August . Anatomical findings , There are no specific pathological changes in the important organs of the patient ,“ The cause of death was acute respiratory failure ”. Whereas the death diagnosis issued by the treated hospital is “ Organophosphorus pesticide poisoning ”, The police are trying to find out the cause of death , Also in 2004 year 7 month 19 Liaoning Provincial Public Security Department was entrusted to carry out criminal technical inspection , Final identification , Yao, the deceased, had no organophosphorus pesticides in his body . Obviously, the hospital's diagnosis of organophosphorus pesticide poisoning made by the patient before his death is wrong , And because of this diagnostic error , As a result, more than a lethal dose was injected into the patient's vein in a short time 2 Times more atropine . The patient was injected with atropine 10 More than an hour later , Not die “ Organophosphorus poisoning ”, But died of atropine poisoning .

The above cases have a common feature , There are behavioral mistakes in the diagnosis of medical behavior , Or the clinical diagnosis is completely wrong 、 Or omit important diagnosis . And then because of the wrong diagnosis , Errors that lead to therapeutic behavior based on diagnosis , Finally, it caused medical disputes .

Case study 1 The main fault of medical behavior is that the doctor concerned neglects to perform the doctor's legal duty of care , Neglect to inquire about the medical history in detail , Eliminate the possibility of organophosphorus poisoning , In addition, the physical examination process is a mere formality , There are no specific signs for organophosphorus poisoning, such as pupil pinhole changes 、 The exhaled gas can smell the smell of pesticides and so on , Make careful observation , I didn't wait for the result of cholinesterase test to return , Or there is no cholinesterase test at all , A large dose of atropine was injected into the patient's vein , And again and again , No active rescue measures were taken after atropine poisoning caused by wrong medication , Save the patient's life , Cause the patient to die quickly , Cause medical disputes . The case was later identified as a medical accident by the Local Medical Association , The case was settled after mediation by the court , The dispute was settled .

What are the compensation standards for hospital misdiagnosis ? How much can the hospital pay ?