Li had breast augmentation surgery in plastic surgery hospital, and the breast was swollen, painful and deformed after operation. I have consulted the hospital many times, but the hospital thinks there is no fault and refuses to take responsibility. Subsequently, Li went to a hospital affiliated to a medical university to have a breast color ultrasound examination. The results showed that bilateral breast cysts and hyperplasia appeared after breast augmentation with double breast implants. Li believes that the plastic surgery hospital failed to fulfill its corresponding medical treatment obligations, which led to its own breast deformation and suffered great psychological pain. So I took the plastic surgery hospital to court. During the trial, the hospital applied for medical malpractice identification. The medical association terminated the technical appraisal of medical malpractice on the grounds that the doctor who performed plastic surgery on Li was beyond the scope of practice, and then conducted forensic judicial appraisal, with a disability level of six. Li had plastic surgery in the hospital, causing six-level disability and severe mental pain; Because doctors practice medicine illegally and cannot identify medical accidents, hospitals should bear the consequences of inadequate proof, and plastic surgery hospitals should be liable for Li's losses. In the end, the court ruled that the plastic surgery hospital compensated Li for various losses of 250,000.
Legal basis: Regulations on Handling Medical Accidents
Article 4 According to the degree of personal injury to patients, medical accidents are divided into four levels:
First-class medical accident: causing death or serious disability of the patient;
Secondary medical accident: moderate disability and severe dysfunction caused by organ and tissue damage;
Third-class medical accidents: causing mild disability of patients, organ and tissue damage leading to general dysfunction;
Four-level medical accidents: other consequences that cause obvious personal injury to patients.
Specific grading standards shall be formulated by the health administrative department of the State Council.
Fifteenth medical institutions and their medical staff should immediately take effective measures to avoid or reduce the damage to the health of patients and prevent the damage from expanding.