Retrospective analysis of 89 cases of medical damage liability disputes caused by pathological diagnosis
10.13618/j.issn.1001-5728.2024.03.005
- VernacularTitle:病理诊断医疗损害鉴定89例分析
- Author:
Xiaofei E
1
,
2
;
Tianshui YU
;
Mengzhou ZHANG
;
Sisi CHEN
;
Haidong ZHANG
Author Information
1. "2011计划"司法文明协同创新中心,北京 100088
2. 证据科学教育部重点实验室(中国政法大学),北京 100088
- Keywords:
Pathological diagnosis;
Misdiagnosis;
Medical damage appraisal;
Peer review;
Forensic pathology
- From:
Chinese Journal of Forensic Medicine
2024;39(3):282-287
- CountryChina
- Language:Chinese
-
Abstract:
Objective In order to clarify the identification path and the followed principles in this kind of pathological-related medical damage identification,explore the prevention and resolution ideas of pathological medical disputes in the medical and health departments,and build a path for the people's court to hear the cases of pathological medical injury liability disputes.Methods Taking the judgement of medical damage liability disputes that took effect in 2019-2023 and published on the judgement document network as a sample,conduct a retrospective analysis in terms of the site of lesion,medical fault,the consequences of the damage,the causal relationship and the degree of cause(degree of participation),the degree of accident classification and responsibility,the selection of appraisal method,and the acceptancde of appraisal opinions.Results From the analysis of the lesion site,there is a high proportion of misdiagnosis in breast,lung,thyroid,skin and uterus;from the analysis of medical fault,58.4%of delayed treatment and 41.6%of overtreatment due to improper selection of treatment plan;from the analysis of the consequences of damage,the consequences of death only account for about 20%.Most of them are in the category of living appraisal;from the analysis of responsibility division,medical institutions bear secondary reasons,accounting for 30.3%;from the analysis of appraisal and acceptance,medical damage identification methods are mostly used,and the court's acceptance of appraisal opinions reaches 92.1%.Conclusion(1)There are more pathological disputes involving women's bodies,and misdiagnosis is the most in the type of fault;(2)Forensic clinical professional appraisers can also participate in the identification of medical damage involving pathological diagnosis;(3)For cases of medical damage liability disputes involving pathological diagnosis and the consequences of death,the cause of death should be identified;(4)Medical damage identification should be in accordance with the principle of peer review.
