Death after surgery in a traffic accident, is the hospital responsible for the death after the succe

First of all, the causal relationship between the death of the old man and your father's knocking down on her, from the information you provided, there is no inevitable causal relationship between your father knocking her down and the death of the old man, because the intermediate intervention of the operation and the old man's own physical condition is poor, simply put, if she was not touched by the car, she may also die after major surgery, that is, the later intervening factors blocked the causal relationship between your father's behavior and the death of the old man. So, according to my understanding, the death of the old man was not caused by the traffic accident you said.

In addition, the incident occurred in the community, which is not a road, so it certainly does not constitute a traffic accident crime, and it cannot constitute other crimes.

In the end, when the old lady dies, you will definitely have to pay money, including funeral expenses, death compensation, medical expenses and other items, the specific amount is different in each place, I don't know which city you are in. So I can't help you.

Hello! The reply based on the content of your inquiry is as follows for your reference:

1. If your community is closed and does not allow public vehicles to pass, the situation you consult does not belong to a road traffic accident, but belongs to tort liability, if you call the police, the traffic police department can refer to the road traffic accident handling procedures, or it can be handled by the local police station;

2. Your father's situation does not constitute the crime of causing a traffic accident, but it may constitute the crime of causing serious injury by negligence, depending on the investigation and determination of the public security department;

3. Whether the death of the old lady after surgery was caused by this accident depends on the reason stated on the death certificate issued by the hospital, or the conclusion of the forensic examination;

4. The death compensation can only be determined depending on the size of your father's responsibility and the relevant resident income statistics of your province in the previous year.

Legal analysis]: If you go to the appraisal and confirm that it is a medical accident, you can ask the hospital for compensation. Medical damage (medical malpractice) requires the analysis of the entire diagnosis and treatment process, involving clinical medicine, forensic science and fault identification, and requires a high degree of professional and technical analysis.

If the effect of appearing in court is not obvious, it is best to entrust this lawyer to assist and guide the litigation to collect evidence to prosecute and strive for legitimate rights and interests from the court.

Legal basisArticle 1 These Regulations are formulated for the purpose of correctly handling medical accidents, protecting the legitimate rights and interests of patients, medical institutions and their medical personnel, maintaining medical order, ensuring medical safety, and promoting the development of medical science. Article 2: "Medical accidents" as used in these Regulations refers to accidents in which medical establishments and their medical personnel negligently cause personal injury to patients in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines for diagnosis and treatment and nursing in the course of medical activities.

Article 3: The handling of medical accidents shall follow the principles of openness, fairness, impartiality, timeliness, and convenience for the people, adhere to a scientific attitude of seeking truth from facts, and ensure that the facts are clear, the characterization is accurate, the responsibilities are clear, and the handling is appropriate.

Brain damage caused by car accidents should be carried out according to the specific condition**, if there are severe symptoms of increased intracranial pressure, surgery such as decompression or drilling and drainage can be used**, and drugs to nurture the nerve should be actively used**.

Craniotomy for intracranial hemorrhage caused by a car accident depends on the amount of bleeding and the location of the bleeding. If the hemorrhage is heavy, surgery requires a craniotomy and flap removal on the hematoma side. If there is a bilateral intracranial hemorrhage and the hematoma is large, bilateral intracranial hematoma evacuation and decompression of the bone flap are indicated.

If the amount of bleeding is small, the operation can be postponed, and an intracranial pressure probe can be routinely implanted, which can not only reflect the actual intracranial pressure in the skull, but also be of great help in judging the condition, guiding ** and judging the prognosis, because the most important intracranial hemorrhage caused by a car accident is the change of intracranial pressure.

Legal analysis: Whether death on the second day after surgery is medical malpractice is determined according to the specific circumstances. Whether it is a medical malpractice has nothing to do with the time of death, and it depends on whether there is fault in the medical process and whether there is a causal relationship between the fault and the result of death.

If there is a suspicion that there is a problem in the process of surgery in the hospital, the hospital should first be asked to seal the case and make a copy of the full set of cases for self-retention, and finally realize the identification and compensation of the medical accident through legal procedures.

Legal basis: Article 2 of the "Regulations on the Handling of Medical Accidents" The term "medical accidents" as used in these Regulations refers to accidents in which medical establishments and their medical personnel negligently cause personal injury to patients in violation of medical and health management laws, administrative regulations, departmental rules, and medical and nursing norms and routines in medical activities.

Legal analysis: Medical damage liability is fault liability, which generally requires you to prove that the hospital is at fault. If the doctor is negligent during the operation, resulting in the rupture of the patient's blood vessels, subsequent infection, and long-term bed rest, the hospital can be considered to be at fault.

The law stipulates that under three circumstances, the hospital is presumed to be at fault, and you do not need to provide evidence to prove that the hospital is at fault: violating laws, administrative regulations, rules and other relevant provisions on diagnosis and treatment norms; concealing or refusing to provide medical records related to the dispute; Falsifying, altering, or destroying medical records.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 164: Where a party with the right to appeal is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.