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264. Where did the lawsuit go so far?

Qi Jing was not interested in Xu Jiakang's love life. After saying goodbye to him, he went home alone. After dinner in the evening, he wanted to check the information about bed 16, but unexpectedly he received a call from Lu Zishan.

At the end of June, she was the time to finish her internship, and the first separate trial came immediately.

Since winning the case of going to Beijing, Lu Zishan, Qiao Li's assistant, has slowly come into the sight of some hospitals. Not only has Zhu Yating signed a long contract early after the New Year, but he also found two other second-level hospitals as short-term legal counsel.

With Qiao Li as the backing of the guarantee, Danyang Heng and Law Firm where she is located is also a big sign, but she would not be able to do this without some real power.

"Is the time set?" My girlfriend went to court for the first time in her life, and Qi Jing must have snacks.

"Yeah, it's tomorrow."

"So quickly?" Qi Jing felt strange, "Shouldn't this be notified in advance?"

Lu Zishan smiled and explained: "Actually, the court called two weeks ago. I have been preparing for it for a while and haven't told you. The plaintiff wants a lot of money. I was not sure at that time and I was quite nervous."

"Now are you sure?"

"Well, the plaintiff wants more than 1 million yuan, and the hospital is only willing to pay 100,000 yuan."

"What time will it be tomorrow?" Qi Jing asked, "I'll listen."

"At 8 a.m., don't you go to work?"

Qi Jing also laughed: "It's okay, I don't care about it in the emergency room. Just talk to Director Wang."

"Then you come early tomorrow and bring your ID card to the court office to get a hearing."

The case Lu Zishan took on was a case of gallbladder stone surgery and bile peritonitis. It was brought to Qiao Li in April and prepared for two months. Now the trial is notified.

The matter is simple, it is just a problem of postoperative complications of emergency surgery, but it is still quite confusing to look into the details.

The patient had acute cholecystitis in early September last year and was found to be gallbladder stones. The B-ultrasound showed that there was a possibility of inlaying the neck of the gallbladder. Because of the high fever and chills, the condition was very urgent, and the patient's family was not in good condition. Finally, he decided to undergo emergency surgery in a cheaper district central hospital.

The main surgery was a deputy highman. He did an open laparoscopy directly for money-saving reasons. The skin nails that were more than 200 yuan were replaced with ordinary sutures worth 5 yuan, and the commonly used anti-infection antibiotics were replaced by the cheapest ones. However, in the face of the results of the surgery, it didn't matter.

After entering the abdomen, I found that the patient's gallbladder triangular was very swollen and it was difficult to operate.

The patient is seriously infected. The stone is located close to the bile duct. After removing the stone, it cannot be sutured directly. A drainage tube needs to be used to help excrete excess bile. However, when suturing the drainage tube, there is a problem, and the infection is serious, and a bile fistula occurs.

Some bile spilled out and successfully caused bile peritonitis the patient the next day after the operation

If you have peritonitis, you have to open your abdomen and wash your abdominal cavity. The patient underwent a second and third surgeries one after another and was not discharged from the hospital until the end of last year.

The plaintiff's lawyer saw the key point, and the failure of the first operation directly caused two subsequent remedial operations, and presented a lot of evidence. After medical judicial appraisal, the hospital's medical care was at fault, so the plaintiff's lawyer hoped to compensate the patient for the full medical expenses, the family's accompanying food and accommodation expenses, and the unemployment expenses caused by the patient's serious illness and his mother's care, totaling 1.18 million yuan.

Regardless of whether the medical judicial appraisal is right or wrong, it is ironclad evidence during the trial. The hospital will definitely lose the case and there is no possibility of a reversal.

However, as a newcomer, after listening to the plaintiff's full ten minutes of evidence presentation, Lu Zishan was not panicked.

Since losing the case is inevitable and the nature has been decided, so I will hang up on the compensation. She has learned a lot of skills in Shangjing to find He Zhuo, who once played against Taiwan. Since the plaintiff likes to present evidence, she will also find loopholes in these evidences and refute them one by one at her own pace. This is also what Qiao Li is best at.

For hospitals, they cannot directly admit their fault just because they say they are at fault in judicial appraisal, and the statement that the operation fails is not completely correct in medicine.

That is because this acute disease and severe inflammatory edema first affects the doctor's operation, and finally increases the chance of complications invisibly. This is caused by both parties and cannot be all attributed to the hospital. Moreover, the hospital did not charge any fees for the last two remedial operations due to humanitarianism, and it has been considered to be the most righteous.

As for other compensation, in the hospital's opinion, the lion even spoke out loudly.

Lu Zishan found two certificates from the pile of evidence on the side: "The first is a written dismissal certificate from Feiyang Construction Company in 2002. The plaintiff was fired by the company as early as the beginning of 2002. The Labor Bureau did not have a subsequent labor contract filing. He was unemployed until the operation. The other is a certificate from the plaintiff's mother to wait for retirement. The plaintiff's mother also applied for retirement due to inconvenience in legs and feet at the end of 2001."

The plaintiff's lawyer has a medical judicial appraisal in his hand, and the first rebuttal is not strong enough.

However, these two evidences fully prove that the unemployment of the patient and his family has nothing to do with the complications of the surgery, so compensation for the losses caused by unemployment is untenable.

The plaintiff's lawyer did not expect that the unemployment allowance was pinched and hurt his feet. He could only settle for the second best and began to make a fuss about medical expenses and food and accommodation expenses for caring for his family.

Unfortunately, Lu Zishan was prepared and took out the hospitalization record and hospitalization treatment list: "The patient had an emergency laparotomy, and the operation cost 2,471 yuan, and the postoperative nursing fee and bed fee were only more than 3,000 yuan."

"After that, our hospital performed a free bile peritonitis surgery for the patient. Three weeks later, our hospital doctor accompanied us to the First People's Hospital for endoscopic nasal and bile duct drainage. The medical expenses were paid by our hospital. With such efforts to recover, isn't it too much for us to pay 1.18 million?"

The plaintiff's lawyer sighed, knowing that his bottom has been blown away and there is nothing to hide, so he went straight to the point: "The patient has no source of income, and there is still something to discuss in terms of compensation."

Lu Zishan is also a master of criticism and adheres to her principles: "There are hospitalization records here. As early as October last year, the patient was discharged from our hospital. After being transferred to the First People's Hospital for surgery, he met the discharge indication in early November. Except for the first emergency surgery, all other expenses have been paid by our hospital. I don't know what else to compensate."

Finally, Lu Zishan came up with his own suggestions: "For the sake of the patient's family situation, the hospital is now willing to compensate for emergency surgery with medical faults, totaling 3,263 yuan. As for other expenses, the patient should bear it himself."

This fierce and direct beating made the plaintiff’s lawyer lose his temper.

When the hospital was mediating outside the court, it was about to give 50,000 yuan to gaggle. The patient felt that it was too little, so he wanted to go to court to take a try. According to their idea, if the unemployment subsidy was included, it would be 200,000 yuan. But unexpectedly, after going to court, it took such a big fight, and in the end, the 50,000 yuan shrank to only one-tenth of the remaining...

Where can I fight a lawsuit like this?

He was obviously dissatisfied and wanted to catch the big deal in compensation or start with unemployment subsidies.

"Previous Judge, the patient's dismissal by the original company had nothing to do with the hospital's medical fault, but now he is re-employed is related to this fault. The fault caused by the operation and the long-term treatment caused the plaintiff to be in worse health and he could no longer find a new job. I think the defendant should bear part of the loss of unemployment, and we can also choose to make concessions and appropriately reduce the compensation amount."

This view is good, and Qi Jing also saw the lawyers' ability to look for loopholes in their lives.

However, Lu Zishan in the court did not panic about this new view. Instead, while the other party spoke, he took out a stack of documents from his briefcase, which seemed to have been prepared long ago.

As soon as the plaintiff finished her argument, she handed in several medical certificates.

"Previous Judge, the first is the discharge summary of the patient when he was discharged from the First People's Hospital; the second is the result of the general surgery department in our hospital at the end of December last year and the discharge summary; the third is the imaging examination report made by the patient when he went to the first hospital for follow-up in January, March and June this year; the fourth is the full physical examination report made by the patient during the outpatient follow-up in January."

Each document she sent pointed to four results:

The patient's bile fistula has healed long ago, the patient has no sequelae of surgery, and there is no sign of recurrence after the patient's bile fistula heals. Now the patient's body is completely healthy and can make money at work and work.

"Of course, the hospitalization in December, the following three outpatient follow-ups, and the physical examination in January were all paid by our hospital." Lu Zishan had already forced the plaintiff's lawyer to the corner, "We didn't let the patient pay a penny."

He didn't say dying, but put the whole situation in front of everyone.

Since it has healed and has no sequelae, there is no sign of recurrence for a whole six months, and it should not be the responsibility of the hospital to not find a job.

The plaintiff's lawyer completely lost the desire to fight back, and could only protect his head and stay in the corner like a loser after the fight, waiting for Lu Zishan's final attack.

"With sufficient medical evidence, the so-called unemployment of a patient can only be at most 4 months, which is the number of days he is hospitalized."

Speaking of this, she took out a copy of the plaintiff's previous employment contract that she got from somewhere: "It clearly states that even if he was not fired, the highest monthly income would be only 949 yuan. The hospital is willing to pay his four-month salary, plus the total medical expenses of the surgery, totaling 7,059 yuan, and the rest can only be borne by him."

It only took more than an hour to reduce the compensation from more than 1 million yuan to less than 10,000 yuan. In the end, the court ordered another month's salary to be paid, totaling 8,008 yuan.

It seemed that he lost the lawsuit and won the compensation, but Lu Zishan still couldn't be happy.

"What a number." Qi Jing comforted him, "It's better than 1 million."

"Actually, in my eyes, this should not be compensated." Lu Zishan often went to and from the district central hospital for more than a month before, and also had a good relationship with the surgeon. He was very clear about his personality and medical skills. "The surgical photos show that the gallbladder triangle is indeed not good, and he can't do it. The doctor is not at all wrong. Logically speaking, that is a normal complication, but..."

"This is normal." Qi Jing said, "After learning from one's mistake, this kind of patient will be transferred to a higher hospital next time."

"It's just gallbladder stones..."

"Actually, I have to say that the hospital's approach is still flawed," Qi Jing explained. "If you really have to find out the fault, you shouldn't look at the operation itself, but the decision made after the operation. In my opinion, when a patient saw a biliary fistula before peritonitis, he should not stay in a secondary hospital anymore, but should immediately transfer to the superior hospital for treatment."

As a bystander, Qi Jing's thinking is much more extensive than the plaintiff's lawyer who wants to get compensation.

Even though I knew there were many loopholes here, I had not prepared any other moves, which in itself shows that the plaintiff's lawyer is not good enough, and it deserves to lose to Lu Zishan.

What he said is the decision-making power of general surgery when a patient has peritonitis.

"Just just a biliary fistula, a secondary hospital can handle it. What is the difference between going to an outer hospital and being in this hospital?" Lu Zishan never thought about this problem, nor did he know Qi Jing's intention.

"Then why do you have to go to the first hospital for the third nasal catheter drainage?"

"Because the district central hospital does not have endoscopic nasal catheter drainage, it can only go to the first hospital..."

Speaking of this, Lu Zishan stopped and suddenly realized. She finally understood what Qi Jing meant. It turned out that the problem was: "Can biliary fistula cause peritonitis?"

"Well, the chance is very high, and there will be basically nonadochoduct drainage afterwards." Qi Jing nodded, "It is not that easy to think about bile fistula, and it is also easy to develop peritonitis. So when bile fistula occurs, they should have the courage to admit that there are complications in emergency surgery and send the patient to the first hospital as soon as possible, rather than continue to wait for peritonitis."

Qi Jing's meaning is very clear. The hospital did not make any mistakes when undergoing the first emergency surgery, but the subsequent judgment was problematic. This problem caused the biliary fistula, which originally only needed to undergo nasal bile duct drainage as soon as possible, to be dragged into peritonitis.

Of course, there may be other reasons that influence this decision, but for patients, opening the abdominal cavity once more is painful.

So it is true that the patient is lazy and wants to extort money. It is true that the hospital escaped the disaster because of the plaintiff's lawyer's negligence, and both parties are not wronged. As for how much money is, the patient has waived all his medical expenses, which may have exceeded his expectations before undergoing emergency surgery.

For him, 8,000 yuan is nearly a year's income.

Qi Jing and Lu Zishan sat in the cafe and raised their coffee cup: "Congratulations to Lawyer Lu for his first successful appearance in court."

"You're just talking too much." Lu Zishan took a breath and looked at the evidence documents in her hand again.

"The verdict has been announced, are you still watching?"

"There may be a second trial later. The loophole you mentioned may become the other party's weapon." Lu Zishan did not look up and continued to look at the document seriously, "I have to be prepared, if..."

At this time, Qi Jing's phone rang~
Chapter completed!
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