China: 京都刘哲律师成功代理与北京某著名三甲医院医疗损害赔偿案件

Last Updated: 19 November 2019
Article by King & Capital Law Firm

本案原告黄某某、汪某某,其年仅23岁的独生女儿黄某系北京某著名大学在读研究生。2019年1月某日晚上11点多,原告女儿因腹痛,在同学的陪同下到被告北京某著名三甲医院急诊科就诊,接诊医生初步诊断为急腹症待查,次日凌晨4点左右患者出现休克被送入急救室抢救,发病危通知,没想到仅经过该院急诊科几个小时的治疗就于当天死亡,医院诊断结果为爆发性心肌炎。女儿的离去给原告造成难以挽回的巨大损失和精神痛苦。

  原告多次要求被告给予答复和赔偿,被告书面答复称自身没有任何责任,而且原告因缺乏保护意识,当时未要求封存医院病历,未进行尸体解剖就进行火化。在此情形下,原告委托京都律师事务所刘哲律师代理此案。根据相关资料,暴发性心肌炎主要由病毒感染诱发,这种疾病起病隐匿,恶化迅速,患者很快会出现顽固性休克或致死性心律失常,病死率较高,且以猝死为主,目前尚无国际通行的治疗方案。

  刘哲律师接案后顶住压力,认真研究医院病历,对医院的诊断、化验、治疗、用药及医疗规程等各环节进行分析,并翻阅相关医学资料,请教相关医学专家,从病历中发现了诸多疑点。刘律师认为,患者虽然因爆发性心肌炎而死亡,但医院在诊治过程中存在一定过错。随后,刘律师制订了有效的纠纷解决方案,积极收集相关证据,为启动法律程序作了大量前期准备工作。

  2019年4月,原告向北京市医疗纠纷人民调解委员会申请调解,该调解机构经过相关医学专家论证,认为医院仅有轻微责任,但医院坚持认为其没有责任,双方未能达成调解结果。

  2019年7月,原告向北京市朝阳区人民法院提起医疗损害责任纠纷诉讼,主张医疗赔偿。案件审理中法官主持调解,首先查明本案基本事实,分清责任。刘律师向法庭出示证据,证明医院在诊治过程中未尽到高度谨慎注意义务,诊治存在过错:患者从到医院急诊直至病危5个多小时内,医院虽做了一些检查,却没有做出对症判断,没有采取任何对症救治措施贻误了最佳治疗时机,导致患者没有得到及时有效的救治,造成患者病情迅速恶化直至死亡,两者之间存在因果关系,要求医院承担责任并进行经济赔偿。

  刘律师提交的一份重要证据引起了法官的重视。患者黄某次日凌晨2点57分的生化化验报告显示与心肌疾病相关的各重要指标同时异常超高:Ck、Ck-MB两项心肌酶指标均偏高5倍之多,LDH、LDH1、AST、LAA、HBDH多项指标异常超高,这是心肌问题的重要指征,但医院并没有引起高度重视,也未做心电图,没有及时请心内科会诊。另外医院的住院记录也显示,医院在作出爆发性心肌炎诊断结果时,该生化化验报告就是重要依据之一。

  刘律师提交另一份重要证据证明,接诊医生在急腹症尚未确诊的情况下,于次日凌晨1点50分左右,给患者注射了盐酸某某注射液,与患者实际病情并不对症。根据该药的使用说明,其注意事项第1项提示急腹症诊断未明确时,不宜轻易使用;其用药禁忌提示严重心力衰竭者、心律失常患者慎用;其不良反应提示心跳加快,排尿困难。陪同的同学证明患者在注射后出现心慌和排尿困难,刘哲律师认为该药物的使用不排除对患者心脏功能的损害,或者诱发爆发性心肌炎的可能。

  基于庭审调查的事实和证据,法庭认定被告对原告女儿死亡负有次要责任。日前,双方已达成调解协议并由朝阳区人民法院出具调解书,医院同意一次性支付赔偿金,当事人对调解结果表示满意,并对刘哲律师专业、细致的工作表示赞赏。

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