On the weekend, a college classmate called with a look of grievance. After asking the reason, he couldn’t calm down for a long time.
Here’s the thing:
A woman gave birth at their hospital. No abnormality was found in any prenatal examination. However, during the production process, dystocia occurred. To help the child out, the doctor reached out and pulled the child’s arm. Finally, after struggling for a long time, I got the child out. However, post-operative examinations suggested that the child may have had an injury to the brachial plexus on one side.
As a result, the family filed a complaint against the hospital. In the face of huge compensation, the previously harmonious doctor-patient relationship fell apart instantly.
College classmates are involved.
Some people say, what does having a child in the obstetrics have to do with your anesthesiology department?
What everyone does not know is that many mothers are now afraid of pain, so they ask for “painless childbirth”. Numerous studies have shown that intraspinal analgesia administered by anesthesiologists is the most effective. Therefore, almost all hospitals rely heavily on the anesthesiology department for maternal analgesia.
How can I be involved in an analgesia?
It is like this, in order to pass on or reduce the compensation, the obstetrics department said that the failure to give birth to the child has something to do with the mother’s lack of energy. And the reason why I can’t use my strength is that I have taken too much anesthesia.
It was a good intention, but it turned out to be like this, who can’t be sad.
After comforting the classmates, tell the classmates with certainty that the dose of the drug in the spinal canal is very small and the concentration is very low. Moreover, she was doing epidural analgesia to the mother at that time. At this concentration of the drug, even the pain will not be completely blocked, and the motor function will not be significantly affected.
Hearing such an analysis, the students immediately seemed to have found the backbone.
I thought it would be over like this, but the next day my classmate called again: The hospital said that if the hospital needs compensation, the anesthesiology department will also share a little.
If this is the case, it is no different from taking the blame. This time, the classmates cried very sadly.
As we only read medical books, we were forced to pick up law-related books this time. First, look up what is called “medical malpractice”. Because, only if it is characterized as medical malpractice, can we talk about losing money.
According to Article 2 of the Regulations on Handling Medical Malpractice, if the following conditions are met, it is a medical malpractice:
1. The main body of medical malpractice is a legal medical institution and its medical staff; if the neonatal birth injury is not caused by a legal medical institution and its medical staff, it does not constitute a medical malpractice;
2. Medical institutions and their medical staff have violated the laws, regulations, medical and nursing norms and routines of medical and health management; if the normal operation of the medical staff causes the baby to be injured, it does not constitute a medical accident;
3. The direct perpetrator of the medical malpractice has subjective negligence in the diagnosis and treatment; if the birth injury of the baby is caused by factors such as force majeure, it cannot be regarded as a medical malpractice;
4. There is a causal relationship between medical actions and the consequences of damage.
It can be seen that the first three items are not problematic. The only thing that can match the number is the fourth rule. However, specific issues need to be analyzed in detail.
Assuming that during the induction of labor, the family members or the mother have been informed of the possible injury, and the obligation to inform has been fulfilled, it is reasonable to say that the compensation will be exempted.
Insert a sentence here: In fact, there are quite a few similar situations where more or less money is lost. The main reason is that the medical side seeks to minimise major issues and develop harmoniously. As for the family members, if they get some compensation, they will be relieved.
The university students immediately informed the obstetrics department of the situation and asked if they had informed them in advance.
The answer is yes. However, when the family members were asked, they completely denied it, claiming that they did not remember. He also said that when the doctor said it so quickly and did not understand, who could remember.
Because such disputes generally take a long time to resolve, the following is unknown as of now. However, it leaves us with too many thoughts:
Patients come to the hospital saying they are vulnerable. That said, it is indeed irrefutable. However, medical staff face all kinds of people and all kinds of contradictions on the front line, aren’t they vulnerable groups?
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