Brief introduction of the case
Zhao, the client, was admitted to a hospital for orthopedic treatment because of the limited mobility of his hip joint. After preliminary examination by the hospital, the diagnosis was that Zhao had ankylosing spondylitis and varicose veins of the great saphenous vein on the right side. According to the diagnosis results, a hospital performed right hip replacement on Zhao after improving preoperative examination and preparation. Zhao was reexamined in the hospital after operation. According to the X-ray and reexamination results of his right hip joint, Zhao's right hip joint was dislocated. A hospital performed another reduction operation on Zhao's right hip joint, but the postoperative effect was not good. A hospital once again performed revision surgery for Zhao after right total hip replacement, but the postoperative effect was still not good. Due to repeated medical visits, Zhao believes that the medical staff in the hospital underestimated his condition and failed to fulfill the obligation of careful observation and treatment. Their right hip joint was dislocated due to surgical errors, and they were subsequently operated on many times. At present, my right hip joint and my whole leg have been sore, which has seriously increased my physical and mental pain and economic burden. Therefore, I proposed a high compensation of 6.5438+0 million yuan to a hospital. However, a hospital did not recognize the compensation amount proposed by Zhao, so there was a contradiction and dispute between the two sides, and * * * applied to the Municipal People's Mediation Committee for Medical Disputes (hereinafter referred to as the Medical Mediation Committee) for mediation.
Mediation process
After accepting the dispute, the medical commission first conducted a comprehensive investigation of the disputed facts. According to the mediator's investigation, Zhao comes from the mountainous area of this city and is alone. When I was a teenager, I couldn't continue my studies because of ankylosing spondylitis, and I never had a formal job. After the death of the elderly in the family, Zhao always hoped to cure his physical disability and let himself move freely and take care of himself. But because of family difficulties, there is no money for treatment. I went to the hospital this time, because the house was burned down by a short circuit at home, and the responsible unit lost money to treat the disease. However, after the first operation failed in a hospital, his right hip was dislocated, and his right leg was still unable to walk with load after the second operation. Zhao Can can only rely on crutches now, and he suffers from ankylosing spondylitis. He can't stand for a long time, but he can only lie down, which seriously affects his walking and daily life. Because Zhao Can can't take care of himself now, he has been in the hospital for a long time, and he still needs to spend 4,000 yuan a month to hire a nurse. Six months after the second operation, a hospital mobilized Zhao to leave the hospital, but a hospital in Chair Zhao offered high compensation and insisted on not leaving the hospital. However, a hospital believes that the main reason for the poor surgical effect is that Zhao has suffered from ankylosing spondylitis for many years, and the failure of the operation is not entirely the responsibility of the hospital. Because the two sides failed to reach an agreement on the settlement of the dispute, Zhao began to take measures to stay in the hospital, staying in the hospital corridor, water room and other directors for a long time at night, pestering the attending doctor's office during the day, which seriously affected the working order of a hospital.
In view of the above situation, the mediator first conducted ideological persuasion work on Zhao, guided him to solve the dispute through legal channels, and actively guided him to conduct medical accident appraisal, telling him that his illness can be handled by consulting a higher-level hospital or by going to court for litigation. However, Zhao Jian never agreed to the judicial expertise and insisted on staying in hospital, hoping that the medical commission could uphold justice and help him mediate. A hospital also agreed that the responsibility of this medical dispute should be assessed by the Medical Commission, and it was willing to make compensation according to the responsibility division opinion of the Medical Commission. According to the mediation intention of both parties, the Medical Adjustment Committee organized experts from the Municipal Medical Adjustment Library to conduct a professional demonstration on Zhao's medical situation. After discussion by experts in the medical library, Zhao has a history of ankylosing spondylitis for many years. During the treatment, the hospital should pay attention to the contraindications of hip surgery for ankylosing spondylitis, comprehensively consider Zhao's physical condition, judge the treatment effect in advance and take appropriate medical measures. At the same time, we should communicate with Zhao in time. However, a hospital failed to pay attention to medical contraindications and medical measures were insufficient. According to Article 1 of the Tort Liability Law of People's Republic of China (PRC), the mediator informed both parties of the expert's argument in time, and both parties agreed with the expert's argument. Mediator immediately assisted both parties to negotiate Zhao's medical expenses (excluding exemption fees), hospital food subsidies, nursing fees and other expenses and compensation standards according to Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, and * * * confirmed that the specific compensation amount of a hospital was 250,000 yuan, which was recognized by both parties.
After the two sides reached a mediation agreement, Zhao repeatedly expressed his unwillingness to leave the hospital. After communicating with Zhao, the mediator learned that Zhao's real "root" is that he is still disabled, unattended and homeless. Zhao asked a hospital for high compensation, not only because he thought a hospital was at fault in the treatment process, but also because he thought he didn't go home, so he wanted to stay in the hospital. Considering Zhao's worries and the particularity of Zhao's living conditions, in order to better solve Zhao's living difficulties and truly resolve contradictions, the mediator immediately took the initiative to drive to Zhao's village, township, county and city poverty alleviation office, actively communicated with relevant departments, helped Zhao apply for social assistance, and tried his best to coordinate the local government departments to give Zhao five guarantees and counterpart poverty alleviation policies. The mediator also invited the village head and the secretary of the village branch of Zhao's village and the comrades of the county poverty alleviation office to come to the hospital to do Zhao's ideological work with * * *. Please relieve Zhao of his ideological burden and his worries about life, and inform his government departments and relevant units that proper arrangements have been made for his resettlement after returning to China. Mediators will continue to actively coordinate government departments to implement their five-guarantee and counterpart poverty alleviation policies. Knowing that his resettlement problem has been solved, Zhao finally agreed to leave the hospital and go home. Through the efforts of the mediator for more than a month, the dispute between the two sides was successfully resolved.
Mediation result
After mediation, the two sides reached a mediation agreement as follows: a hospital compensated Zhao for 250,000 yuan.
After the mediation agreement between the two parties was fulfilled, Zhao returned home and entrusted his relatives to send a banner with the words "Enthusiastic for the people and solving problems" to the Medical Commission to express his recognition and gratitude for the mediator's work.
Case review
The medical knowledge involved in this dispute is not profound, and Zhao thinks that his neglect and homelessness are the difficulties in mediation. The mediator took the trouble to drive 100 km to visit Zhao's hometown during the break to learn about the specific situation, and enthusiastically contacted a number of relevant departments to actively solve Zhao's resettlement problem, which successfully relieved Zhao's ideological concerns. This mediation process not only reflects the enthusiasm and impartiality of the people's mediators, but also reflects the important role of people's mediation in maintaining social harmony and stability and resolving contradictions and disputes.
Recommended reason
By coordinating the joint efforts of all subjects and units, people's mediators give consideration to efficiency and fairness, and embody the "people" attribute of people's mediation, which not only solves the obvious contradictions between the two sides, but also helps the parties to solve the hidden contradictions of their life concerns.
Expert evaluation
In this dispute, the people's mediators not only solved the medical disputes between the two sides according to law, but also actively helped the parties to solve their life difficulties and ideological concerns, fundamentally resolved contradictions and disputes, and eliminated the hidden danger that the parties might trigger other contradictions and disputes again because of their life difficulties, which reflected the irreplaceable advantages of people's mediation compared with other dispute resolution methods.