The patient, Qian Moumou, was born on October 8, 2007 and died on October 8, 2007. The child was born by cesarean section at the Obstetrics and Gynecology Department of Nanjing Gulou Hospital at 39 weeks of gestation. She had poor postpartum reaction and shortness of breath. She was transferred from Gulou Hospital to the Department of Neonatology of Nanjing Children's Hospital. After 12 days of treatment, she returned to normal, 0 On October 30, she was transferred to neonatal surgery due to a sacrococcygeal teratoma. On the morning of October 3, a teratoma resection was performed. The operation went smoothly and her vital signs were stable after the operation. At around 8:30 a.m. on March 4, the director thought that the child's condition was stable after a ward round. In order to expose the surgical incision, he laid the child prone, and removed the ECG monitoring and oxygen inhalation equipment. The child just lay down for nearly a month. For 3 hours, no medical staff checked; 11: Around 30, the family members saw that the child's face was turning purple and blue, and rang the bell urgently to call the medical staff, who placed the child on his back and gave him oxygen and an ECG at the same time. Monitoring: After 10 minutes, the child's lips turned red, but he was lethargic and looked poor. In the afternoon, he developed abdominal distension and vomited yellow liquid. The X-ray diagnosis was intestinal obstruction. The defendant considered neonatal necrotizing enterocolitis (NEC). ), conservative treatment was not effective, and the child's condition gradually worsened, and he died of multiple organ failure on 11 month 8. In February 2007, the parents of the deceased entrusted a lawyer to sue Nanjing Children's Hospital to the court, demanding compensation.
Legal basis:
"Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Medical Damage Liability Dispute Cases" Article 6 of the Civil Code Article 1222 of the Medical Record Information includes outpatient medical records, hospitalization records, body temperature sheets, and medical orders kept by medical institutions. Forms, test reports, medical imaging examination data, special examination (treatment) consent, surgery consent, surgery and anesthesia records, pathology data, nursing records, discharge records and other medical records specified by the health administrative department of the State Council.
The patient applies to the People's Court in accordance with the law for the medical institution to submit the medical records related to the dispute that are kept by it. If the medical institution fails to submit it within the time limit specified by the People's Court, the People's Court may, in accordance with Article 1222 of the Civil Code, This provision presumes that the medical institution is at fault, unless it is unable to submit due to objective reasons such as force majeure.
Article 1,222 of the "People's Republic of China and Civil Code" If a patient is harmed during diagnosis and treatment activities and any of the following circumstances occurs, the medical institution is presumed to be at fault:
(1) Violate laws, administrative regulations, rules and other regulations related to diagnosis and treatment;
(2) Conceal or refuse to provide medical records related to the dispute;
(3) Loss, forgery, tampering or illegal destruction of medical records.