19 patients claim to have been infected after receiving injections at the village clinic
2025-04-10
Just after receiving an injection at the village clinic, 19 patients had egg sized lumps swelling in their buttocks, causing unbearable pain. Among them, the youngest has just turned one year old, and the oldest is 74 years old. Children cry day and night due to pain, while the elderly toss and turn due to pain. This needle has a problem Patients rushed to the village clinic to demand an explanation, and thus embarked on the path of safeguarding their rights. Recently, the Taiyuan Court in Shanxi Province successfully resolved this medical dispute case through the "case mediation+case handling" model. Cause: Injection infection: 19 villagers from a village in Yingze District, Taiyuan City, Shanxi Province, came to the village clinic for treatment due to colds, fever and other illnesses. No one expected that after a regular injection, their buttocks would develop swelling, pain, and hard lumps at the injection site, accompanied by symptoms such as pain and redness. Some patients even had skin ulcers and needed surgical intervention. Among the patients, the youngest was just over one year old and the oldest was 74 years old. Watching the child cry day and night due to pain, the elderly tossed and turned, and the family members were anxious. After the incident, the town center health center promptly provided treatment to all patients. The district health and sports bureau organized professional personnel to conduct on-site investigations, sample inspections, and arranged for public welfare lawyers and appointed medical investigation committees to evaluate and mediate for the patients. The People's Mediation Committee for Medical Disputes in Shanxi Province (hereinafter referred to as the "Medical Mediation Committee") organized experts to make an assessment, believing that there were cases of unclean injections and inadequate disinfection in the village clinic, which were the cause of multiple patient infections in the short term. It was determined that the village clinic constituted a medical accident and assumed full responsibility. Once the responsibility is clear, how can the compensation issue be resolved? After several rounds of mediation by the medical investigation committee, a consensus could not be reached. 19 patients subsequently filed a lawsuit with the Dongtaibao Court of Yingze District People's Court in Taiyuan City. Court hearing: After the Dongtaibao court accepted the case and conducted a preliminary investigation and judgment, the judge found a series of complex issues - the patients' demands have not been resolved, and the contradictions are rolling like a snowball; This case involves multiple departments; The information provided by the patient lacks medical records or relevant records, making it difficult to identify... The case is related to people's livelihood and must be handled properly. Dongtaibao Court held a hearing with the Medical Investigation Committee, Yingze District People's Procuratorate, District Health and Sports Bureau, Community Neighborhood Committee, Town Health Center and other departments, as well as the authorized representatives of 19 patients, to communicate item by item on the qualification evaluation of village clinic doctors, business operation mechanism, insurance claims, preliminary evaluation of the Medical Investigation Committee, mediation situation and other contents. During that time, judges visited village clinics and other places during the day to verify, listened to the opinions of medical experts, and at night studied medical literature, identified the crux of the problem, and clarified responsibilities. We need to balance the different demands of 19 patients while coordinating with multiple compensation entities such as insurance companies and clinics Vice President of Dongtaibao Court and presiding judge of the case, Liu Baorong, said. On October 24, 2024, the medical injury liability dispute series case was heard in court. The court formed a seven member panel consisting of three judges and four jurors, and invited more than 30 staff members from the Yingze District Procuratorate, District Health and Sports Bureau, and various medical and health institutions in the jurisdiction to attend the trial. Lin Yujie, Deputy Director of the Health and Sports Bureau of Yingze District, who attended the hearing, said, "This case is of great significance to promoting the construction of the rural health system. The judge also made good suggestions during the discussion and exchange. We need to further strengthen the supervision and management of township health institutions, improve medical standards, pay attention to medical safety, and be responsible for the life and health of patients." Compensation: The dispute resolution trial has ended, and a judgment will be made based on factual evidence, which is the fastest way to close the case. But can patients receive compensation in a timely manner? Liu Baorong has decided to continue mediation work with all parties on the basis of the trial, in order to truly settle disputes. For three consecutive nights, the judges flipped through thick files, made comparative charts of each medical record, and carefully calculated the nursing fees, lost wages, and nutrition expenses of each patient through pre-trial evidence exchange and trial evidence cross examination. During mediation, the judge projected and displayed a carefully crafted PPT, and checked and communicated with each patient one by one. At the same time as communicating with 19 patients, the court initiated the "government hospital linkage" mechanism. Under the leadership and coordination of the district political and legal committee, a joint meeting was held with the provincial medical investigation committee, district procuratorate, district health and sports bureau, town government, town health center, economic union, village clinic, insurance company and other units to discuss compensation plans. At the joint meeting, everyone fiercely discussed and revised the compensation plan by 7 drafts. In the past few days of mediation work, Liu Baorong's voice has become hoarse. He repeatedly explained the patient's demands and legal basis to all parties attending the joint meeting, explaining the legal principles and reasons: "This mediation concerns the health of 19 patients and the peace of 19 families." "We are not sitting here to fight for victory or defeat, but to give these ordinary people justice." "The patients have suffered both physical and mental torture, and the compensation plan must be reasonable and fair." After multiple rounds of negotiation, the compensation plan was finally implemented. We have successfully resolved this series of cases through the 'case mediation+case handling' model, compensated 19 patients with over 510000 yuan, and delivered the compensation to each patient Liu Baorong said with satisfaction. It is reported that Dongtaibao Court is responsible for handling medical damage liability disputes in the entire district. Through daily practice, the police officers have developed a skill - they can not only understand CT films, but also explain the Civil Code's tort liability section, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Medical Damage Liability Disputes, and the Regulations on the Handling of Medical Accidents in a simple and understandable manner, giving the people a sense of security. In the past three years, Dongtaibao Court has concluded 132 cases of medical infringement, medical service contract disputes, etc., confirmed 283 people's mediation agreements, and appraised 179 cases before litigation. The court has also provided professional training to mediators from the Provincial Medical Mediation Committee and other mediation organizations multiple times, held regular discussions with medical institutions, timely summarized the problems found during the trial, and made suggestions to the involved hospitals and relevant departments to promote the improvement of medical service quality and reduce doctor-patient conflicts. Medical dispute cases are not only related to people's livelihoods, but also to the hearts of the people. When adjudicating such cases, we should consider the actual situation of the parties involved and treat the difficulties of the common people as our own family affairs. This is a 'heart to heart' job, we need to do it deeply and solidly Looking at the banners sent by 19 patient representatives, Liu Baorong said. (New Society)
Edit:Ou Xiaoling Responsible editor:Shu Hua
Source:Legal Dairy
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