Case Background
In July 2020 , the patient Ye Shiyuan received surgery for "abdominal aortic aneurysm" at Peking University Shenzhen Hospital (hereinafter referred to as "PKU Hospital"). After the surgery, he suffered from acute heart failure due to the hospital's faulty diagnosis and treatment, and died after failed rescue. Ye Shiyuan's family (the three plaintiffs) entrusted the lawyer team of Guangdong Jielu Law Firm to file a lawsuit on the grounds of medical damages liability dispute, demanding that the hospital compensate for medical expenses, funeral expenses, death compensation, etc., totaling more than 1.82 million yuan.
The focus of the dispute and the hospital's fault
Determination of medical errors:
The amount of fluid replacement after surgery was seriously exceeded: The amount of fluid replacement after surgery exceeded the medical standard ( 113 ml per hour ), causing excessive heart load.
Induce acute heart failure;
Improper rescue measures: After the patient's condition worsened, the hospital failed to identify the cause in time and failed to take effective rescue measures;
Insufficient preoperative evaluation: Failure to fully consider the patient's underlying disease risks such as coronary heart disease and extremely high-risk hypertension, and rash surgery.
Causation: The judicial appraisal clearly shows that there is a direct causal relationship between the hospital’s fault and the patient’s death, and the degree of responsibility is “equal cause”.
Lawyer Strategy and Litigation Process
Accurately identify key evidence: The lawyer team retrieved complete medical records, surgical records and ICU nursing sheets, and combined them with the "Forensic Appraisal Opinion" to reveal the hospital's core faults such as excessive postoperative fluid replacement and delayed rescue;
Authoritative appraisal support: Promote the court to adopt the conclusion of Guangdong Huasheng Judicial Appraisal Center and confirm the causal relationship between the hospital's fault and the patient's death;
Court defense: In response to the hospital's defense that "fluid replacement therapy was in compliance with regulations," the lawyer cited medical guidelines and expert testimony to prove that the hospital's operations violated routine diagnosis and treatment.
Court ruling
Shenzhen Futian District People's Court found after trial:
Liability ratio: Peking University Hospital bears 50% of the compensation liability;
Compensation details:
Medical expenses, funeral expenses, death compensation, etc. totaled 1.764 million yuan;
Compensation for mental damage : RMB 100,000 ;
The hospital ultimately paid compensation of 882,000 yuan, and also bore the litigation costs and appraisal fees for the case.
Judgment basis:
Article 1,218 of the Civil Code (Fault Liability of Medical Institutions);
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (compensation standards);
Judicial appraisal conclusion (causal relationship between fault and death).
Typical significance of this case
Medical standard warning: This case sounded the alarm for medical institutions to ignore postoperative monitoring and violate fluid replacement standards, emphasizing the importance of refined diagnosis and treatment;
Protection of patients’ rights and interests: The court balances medical risks and fault liability by dividing the responsibility ratio, providing a reference for similar cases;
Professional value of lawyers: Guangdong Jielu’s lawyer team relied on their professional capabilities in the intersection of medicine and law to successfully resolve the hospital’s defense and obtain fair compensation for the family.
Message from Lawyers
In medical damage disputes, hospitals often shirk their responsibilities on the grounds of "medical complexity". Guangdong Jielu Law Firm is deeply engaged in the field of medical law and is good at accurately identifying hospital faults and safeguarding the legitimate rights and interests of patients through medical record analysis, judicial appraisal and trial strategies. If you encounter misdiagnosis, surgical errors or improper rescue, please keep the evidence and contact us immediately!
Legal consultation hotline: 0755-32945888
Let professionalism become your strongest support in defending your rights!
Note: To protect the privacy of the parties involved, the case details have been simplified and the judgment document number is ( 2024 ) Yue 0304 Minchu 51326 .