Analysis of 65 cases of medical compensation for neonatal brain damage and countermeasures
10.13618/j.issn.1001-5728.2024.05.017
- VernacularTitle:65例新生儿脑损害医疗赔偿案件分析及对策建议
- Author:
Huiqiong WANG
1
;
Xiaoying QIU
Author Information
1. 湖南省人民医院(湖南师范大学附属第一医院)医疗安全办,湖南 长沙 410005
- Keywords:
Newborn;
Medical impairment;
Obstetrics department;
Medical dispute
- From:
Chinese Journal of Forensic Medicine
2024;39(5):610-615
- CountryChina
- Language:Chinese
-
Abstract:
Objective To analyze the characteristics and rules of 65 cases of medical compensation for neonatal brain damage,and put forward countermeasures and suggestions to provide reference for improving obstetric diagnosis and treatment.Methods Using neonatal brain damage as the key word,the judgment documents published on China Judgments Online from June 2021 to June 2023 were retrieved.the data database was established with Excel,and the basic situation of the case,disability grade and appraisal opinions were statistically analyzed.Results A total of 79 cases of relevant judgment documents were retrieved,and 65 cases were included in the judgment documents,of which 90.77%occurred in the last 10 years(2011-2020).38.46%,15.38%and 46.16%occurred on Saturday to Sunday,Friday and Monday to Thursday,respectively.The proportion of medical institutions being judged by the court to bear 50%or more of the responsibility was 49.23%,and the proportion of less than 50%was 50.77%;The proportions of compensation amount of 1 million yuan and above,500,000-990,000 yuan,100,000-490,000 yuan and less than 90,000 yuan were 18.46%,12.31%,49.23%and 20.00%respectively.The main causes of responsibility were improper medical and,nursing techniques,negligence of medical staff,out-of-range diagnosis and treatment,defects in meidcal record keeping,insufficient risk notification,and other factors,which were 29.23%,20%,7.69%,9.23%,13.85%and 20%,respectively.The incidence rates in tertiary hospitals,secondary hospitals,primary hospitals or township hospitals and community hospitals were 52.31%,41.54%and 6.15%,respectively.The proportion of first degree disability,second degree disability,third degree and above disability and unknown grade of newborn were 18.46%,18.46%,21.54%and 41.54%,respectively.Conclusion The disability level of newborn brain damage compensation cases is relatively serious,which highlights the problems such as unreasonable allocation of obstetric medical resources,"obstetric weekend effect",insufficient implementation of obstetric diagnosis and treatment norms,and weak legal awareness of medical staff.Therefore,it is necessary to strengthen the prevention and treatment of neonatal brain damage in view of the above problems,reduce the occurrence of incidents,and help establish a harmonious doctor-patient relationship.
