The intern administered anesthesia and failed to inform the patient that the hospital was claimed for 480 thousand

Author: Medical Law Collection

Brief Introduction

Patient Zhang was injured in a traffic accident and was sent to Hospital A for treatment.

The following month, the patient was transferred to the orthopedics department to continue treatment.

Patient Zhang believed that Hospital A’s medical fault caused his right lower limb disability, and sued Hospital A to compensate for medical expenses, lost work expenses, disability compensation, and mental damage relief for a total of more than 480,000 yuan.

Court hearing

The judicial appraisal opinion believes that Hospital A has not fulfilled its diagnosis and treatment obligations corresponding to the medical level at the time; the writing of medical records is not standardized; traffic accidents and hospital A’s careless operation in the diagnosis and treatment process are the reasons for Zhang’s damage.

The court of first instance held that Hospital A did not faithfully keep a continuous record of the patient’s course of illness, and there was some omission; the patient complained of pain and discomfort in the right knee joint.

Hospital A refused to accept it and filed an appeal.

A brief analysis of the law

The issue of medical records has always been one of the focal points of medical disputes.

Article 22 of the "Basic Standards for Medical Record Writing" stipulates that the course record refers to the continuous record of the patient's condition and the diagnosis and treatment process after the admission record.

Regarding the internship of medical graduates during the probationary period.

In addition, Article 1219 of the "Civil Code" stipulates the obligation of medical staff to explain and the right of informed consent of patients.

Any medical measures are accompanied by risks.

(This article is the original version of the Medical Law Society, adapted from real cases, and aliases are used to protect the privacy of the parties)