On March 6th, 2003, it was identified by Jilin Medical Association that Xia Yuting's permanent teeth were loose and difficult to maintain, and she was infected with periodontitis because of correcting design errors during treatment. It also constitutes a class 3 and class E medical accident, and the hospital takes full responsibility, and the damage to the plaintiff's body is equivalent to 10 disability. After receiving this appraisal, Xia Yuting filed a lawsuit with the People's Court of Longtan District, Jilin City, Jilin Province, requesting the court to order the defendant's stomatological hospital to pay 300,000 yuan for continuing treatment and mental damages.
In the face of Xia Yuting's lawsuit, a stomatological hospital in Jilin felt very wronged. They told the judge that Xia Yuting came to the stomatological hospital for orthodontics at the beginning of 1999. At that time, the attending doctor thought it was very difficult and the satisfactory effect might not be achieved after treatment. However, Xia Yuting and her family corrected their teeth and insisted on treatment. After careful treatment by the attending physician, two years later, the plaintiff's treatment effect was very good, and the unbalanced arrangement was basically lifted. Xia Yuting and her family were very satisfied at that time.
In March 2002, Xia Yuting suddenly came back for a follow-up visit. The attending physician found that the plaintiff had periodontitis and four lower anterior teeth were loose, so he stopped the "orthodontic force" correction at that time and took active remedial measures. We asked Xia Yuting to see a doctor to eliminate periodontitis, but Xia Yuting delayed it again and again, which led to the aggravation of periodontitis. In September 2002, the hospital invited famous experts for consultation out of a responsible attitude, but Xia Yuting refused to cooperate.
After trial investigation and evidence collection and cross-examination, the court ruled that a stomatological hospital in Jilin compensated the plaintiff Xia Yuting for medical expenses and other losses of 24,670.3 yuan and refunded the medical expenses paid by the plaintiff 1.500 yuan, totaling 26 1.70.3 yuan. And rejected the plaintiff's request for spiritual comfort of 30,000 yuan.
After the verdict was pronounced, Xia Yuting refused to accept the verdict and appealed to the Intermediate People's Court of Jilin City, Jilin Province.
After the trial of Jilin Intermediate People's Court, the final judgment revoked the civil judgment of Longtan District People's Court. The Stomatological Hospital was changed to return Xia Yuting's medical expenses 1500 yuan, and compensated for various losses of 34,098.3 yuan.
Case dialogue
The hospital's violation of medical technology operation routine and medical record writing standard directly led to the plaintiff's multiple teeth being pulled out and falling off, and it should be liable for the economic losses caused to the plaintiff. However, Xia Yuting's request for dental implant fees was not supported by the court. Dental implant is a remedy, but this method is expensive and not the only one. Therefore, the amount of compensation made by the original judgment according to the actual situation of this case conforms to the actual situation of this case, and the cost standard is determined according to the industry standard. So this part of the judgment is reasonable.