Medical malpractice in which gauze is left in the patient s body during surgery

It's the doctor's responsibility that falls under the category of medical malpractice.

It is better to have constitutional information !! Thank you!!!

This sentence is too thunderous

B shall be compensated by (medical institution) for the damage suffered as a result

As above, it is (fault liability) in the hospital

If it is the doctor's irregularity that causes other problems (fault liability).

Basis: Civil Code

Articles 1218, 1219, 1221 and 1224 stipulate the circumstances under which a medical institution shall be liable for tort damages. Article 1218 of the Civil Code stipulates that if a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation. Article 1219 stipulates that medical personnel shall explain to patients their medical conditions and medical measures during their diagnosis and treatment activities.

Where it is necessary to carry out surgery, special examinations, or special examinations, medical personnel shall promptly explain the medical risks and alternative medical treatment to the patient.

plan, etc., and obtain their explicit consent; If it is not possible or appropriate to explain it to the patient, it shall be reported to the patient's close relatives.

and obtain their explicit consent. Where medical personnel fail to fulfill the obligations in the preceding paragraph and cause harm to patients, the medical establishments shall bear responsibility for compensation. Article 1221 stipulates that if a medical staff fails to fulfill the obligation of diagnosis and treatment corresponding to the medical level at that time in the course of diagnosis and treatment, and causes damage to the patient, the medical institution shall be liable for compensation.

Article 1224 stipulates that if a patient suffers damage in the course of diagnosis and treatment activities, the medical institution shall not be liable for compensation under any of the following circumstances: (1) the patient or his close relatives do not cooperate with the medical institution in carrying out diagnosis and treatment in accordance with the diagnosis and treatment standards; (2) Medical personnel have fulfilled their obligation to make reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying; (3) It is difficult to diagnose and treat due to the level of medical care at the time. In the circumstances of item 1 of the preceding paragraph, where medical establishments or their medical personnel are also at fault, they shall bear the corresponding liability for compensation.

Digression: The above originally belonged to the scope of the Tort Liability Law, but the Tort Liability Law has been repealed after the promulgation of the Civil Code. (The Civil Code will come into force on January 1, 2021.) Marriage.

General Principles of Inheritance Law and Civil Law.

Adoption Law, Guarantee Law, Contract Law.

The Property Law, the Tort Liability Law, and the General Provisions of the Civil Law shall be repealed at the same time. ）

Hello, the operation left Sha Dali in the patient's abdominal cavity, the responsibility belongs to medical malpractice, and it will be identified and dealt with by medical malpractice experts!

Summary. This situation happens from time to time, you can find a doctor to solve it, take out the gauze first, and then talk about who will bear the damage, don't change the doctor first, because he knows the operation best.

This kind of emotional rush happens from time to time, you can find a doctor to solve it, take out the gauze first, and then talk about who will bear the damage, don't change the doctor first, because he knows the operation best.

An appendectomy at Hospital A found that there was a piece of medical gauze left in the abdominal cavity, which was to be removed by surgery, and Liu died on 15 July. Liu's family demanded compensation of 800,000 yuan from Shen Hospital, but failed to reach a negotiation result and sued the people's court. After an autopsy, the cause of death was:

Acute-aging axillary peritonitis leads to hemorrhage + death from multi-organ failure. Liu was a farmer before his death, and he had no fixed limbs to work in the rock. His wife, 52 years old, has lost her ability to work due to illness and disability, and has always relied on Liu for her life.

His son is 26 years old and has formed a family and lives independently. From the first time Liu was admitted to the hospital for surgery to his death, he spent a total of 15,000 yuan in diagnosis and treatment costs. Liu's son and daughter-in-law (both with a fixed salary) stayed with him for five days during the hospitalization.

Because it is close to home, there are no transportation expenses and accommodation expenses for the sedan car.

What about this. It is estimated that the lawsuit is not easy to fight, the reason has nothing to do with gauze, it must have been signed before the operation, and the operation itself is risky. The signatory agrees to the occurrence of risk.

You can only learn a lesson and think clearly before signing in the future.

The doctor left gauze in the patient's body during the operation, and the doctor violated the accompanying duty.

Ancillary obligation: At present, the legislation of various countries does not clearly stipulate the meaning of ancillary obligation, so the academic community does not express its meaning consistently. Ancillary obligations are divided into broad and narrow senses, and ancillary obligations in the broad sense include pre-contractual obligations, ancillary obligations in the performance of the contract, and post-contractual obligations.

Ancillary obligations in a narrow sense refer to the obligations of notification, assistance, confidentiality and other obligations performed in accordance with the nature, purpose and transaction habits of the contract in order to assist in the realization of the main payment obligation in accordance with the principle of good faith and in accordance with the nature and purpose of the contract during the performance of the contract.

Because these devices sometimes need to work "in the body".。Taking abdominal surgery as an example, in fact, laparotomy is only to have a way to enter, and it is not possible to blindly pursue large incisions and large exposures. The trade-off between the injury of the incision and the exposure of the surgical field and the feasibility of the procedure is that most of the work is still done in the abdominal cavity.

Many organs and tissues cannot be fully referred to the outside of the body for operation, and even the highly mobile gastrointestinal tract has mesangial membranes and ligaments that connect them to the posterior abdominal wall or other organs in the abdominal cavity. And if you want to fully mention the outside of the body, you need to strip away all the connections from the surroundings.

In order to reduce unnecessary damage, all of these procedures may be required to ensure that the efficacy is safe. Therefore, it is inevitable that the instrument will have to work in the abdominal cavity at this time

There will be blood vessels in or around the connecting tissues inside or around the organs. To separate the organs from the surrounding tissues, the larger blood vessels need to be ligated.

If a blood vessel is ligated once (separated and ligated once), of course, it is theoretically the least necessary equipmentHowever, this requires frequent replacement of instruments and operations, which prolongs the operation time, which not only makes the patient more risky, but also occupies more opportunities for other patients' operation time; Losing the continuity of "separation", the operation space is small, the operation time is prolonged, the overall situation is weakened, and the safety of the operation is affected.

A teacher of general surgery once said that separation is the essence of general surgery, and it is impossible to do surgery well if separation is not done well. Therefore,In practice, the method adopted in the operation is to clamp the area that needs to be ligated at the time of separation, and then return to the ligation of a batch after separation. Then, in this process, there is a batch of instruments that need to be temporarily left in the abdominal cavity

Because the surgical process is cumbersome, sometimes there are many emergencies, so it may be missed.

This is because the things that need to be used during surgery are very cumbersome.

It is possible that the doctor is too busy, too tired to do too many surgeries and forget.

This problem may be caused by the doctor's carelessness.

It may be because the surgery is too complicated, or the doctors are too low.

Some gauze is very small, and it is normal for it to be left in the patient's body.

Maybe it's because of exhaustion, maybe it's because the doctor is sloppy.