In daily life, I wonder if you have ever encountered the situation of "taking the wrong medicine". After taking the wrong medicine, how do you deal with it? In this case, Ma in this case, because the doctor used his "experience" to diagnose and prescribe medicine, which eventually delayed his condition and died...
[Case introduction]
On the morning of July 31, 2020, Ma went to the surgical clinic of the county hospital for treatment due to "pain, redness and swelling on the left ankle joint for 2 days." The hospital diagnosed it with: left gouty ankle arthritis? The treatment plan is to prescribe medicines: rheumatic bone pain tablets, Tongxuan tablets, sodium bicarbonate tablets and colchicine tablets. Among them, the doctor calls the doctor to get the medicine in the hospital, Tongxuan tablets, sodium bicarbonate tablets and colchicine tablets to get the medicine at the designated pharmacy outside the hospital.
After taking the medicine, Ma still felt that the symptoms did not relieve it.
1, 2020 at 8:30 on August 1, 2020, Ma went to the surgical clinic of County Hospital again for treatment. The surgical clinic was hospitalized in the surgical department with "1. Left foot gout 2, left gout ankle arthritis". After admission, the patient was in a serious condition and had shock and atrial fibrillation. After consultation, he was transferred to the internal medicine department for treatment without obvious relief. At 5 pm on August 1, 2020, he was transferred to the intensive care unit of the Municipal People's Hospital. After examination, he was diagnosed as: 1. Sepsis, septic shock, and skin soft tissue infection of the left lower limb? 2. Multi-organ insufficiency: heart, liver, kidney, coagulation; 3. Severe metabolic acidosis, lactic acidosis; 4. atrial fibrillation ; 5. electrolyte disorder : high potassium, low sodium, hypocalcemia ; 6. Right popliteal vein embolism, left lower limb edema to be diagnosed; 7. Low protein edema. After emergency treatment, the patient's condition further worsened. At 14:00 on August 2, 2020, the patient's family gave up the treatment and died on the way home.
After Ma's death, the family and the hospital jointly commissioned the judicial appraisal center for the appraisal and concluded an appraisal opinion: the county hospital was at fault for the diagnosis and treatment of the person being identified; his fault was causal and related to the damage consequences of Ma's, and the causal force was a secondary reason, and the recommended participation was 30%-40%.
Based on the scope of participation in the appraisal opinion, the first instance court decided that the county hospital would bear a 35% responsibility ratio.
[Judicial Judgment]
According to the corresponding liability ratio and laws and regulations, the first instance court made a judgment: the county people's hospital shall compensate Ma's family for medical expenses, death compensation, funeral expenses, transportation expenses, loss of work, hospitalization food subsidy , appraisal expenses, and mental comfort , a total of 227,453.34 yuan.
During the second trial, the county hospital did not submit new evidence. The facts found in the second instance are consistent with the facts found in the first instance and the court confirmed them.
[Small Law Interpretation]
According to Article 14 of the " Prescription Management Measures ": "Doctors shall prescribe according to medical, prevention, and health care needs, in accordance with the medical specifications, pharmacological effects, usage, dosage, contraindications, adverse reactions and precautions in the drug instructions, etc., etc., according to medical, prevention, and health care needs, in accordance with the medical specifications, drug indications, pharmacological effects, usage, dosage, contraindications, adverse reactions and precautions in the drug instructions, etc. There is a prescription."
In this case, when Ma was not diagnosed with gout ankle arthritis, the first-time doctor empirically used four gout drugs, and there was a situation where the diagnosis was unclear. Three of them did not indicate the dosage, usage, doctor's signature, etc., and did not fulfill the obligation to guide the drug use. Therefore, the hospital was at fault.
[Tips]
In daily life, it is not uncommon to take the wrong medicine. When purchasing medicines and taking medicines, you should pay attention to:
1. For the sales of prescription drugs, sales personnel must fulfill their obligations to inform them such as "medic methods and precautions".
2. As a patient, when taking medicine, you must enhance your awareness of safe use of medicine. We must comprehensively consider our own health and drug characteristics, and we must not change the medication method without authorization.
