Analysis of medical malpractice cases of cardiovascular diseases--A study of second-instance cases in henan province
10.13618/j.issn.1001-5728.2025.04.003
- VernacularTitle:心血管疾病医疗损害分析
- Author:
Mengzhu ZHANG
1
;
Yewei YAO
;
Caiyuan LIU
;
Liya MA
;
Zhe ZHENG
;
Haojie QIN
;
Xinmin PAN
Author Information
1. 河南科技大学基础医学与法医学院,河南洛阳 471023
- Publication Type:Journal Article
- Keywords:
Cardiovascular disease;
Medical malpractice;
Forensic examination;
Compensation;
Second-instance cases;
Henan province
- From:
Chinese Journal of Forensic Medicine
2025;40(4):405-410
- CountryChina
- Language:Chinese
-
Abstract:
Objective To analyze the characteristics,causes,influencing factors of compensation,and appraisal features of second-instance medical malpractice cases involving cardiovascular diseases in Henan Province from 2017 to 2022,and to provide reference for forensic appraisal and judicial trial.Methods Cases were retrieved from China Judgments Online between 2017 and 2022.A total of 1,957 documents were reviewed,including 1,397 medical malpractice cases and 130 cardiovascular disease cases.Results The total compensation awarded in these second-instance cases was 27.04 million yuan,with a median of 158,600 yuan.Cases involving patient death accounted for 80.00％(104/130).Among 107 cases with first-instance appraisals,55.14％(59/107)raised objections,while 74.62％(97/130)of the second-instance trials upheld the original judgment.The most common degree of responsibility borne by medical institutions was secondary responsibility(41.54％,54/130).The top three medical faults were:inadequate observation and management of patient conditions(46.15％),omission of auxiliary examinations(37.50％),and insufficient notification(36.54％).In terms of violations-including medical record documentation,inappropriate treatment,misdiagnosis or missed diagnosis,out-of-scope practice,and improper medication use-the actual proportions in judgments(24/113,34/113,12/113,7/113,14/113)were all significantly lower than the patients' claims(all P＜0.05).Conclusion Cardiovascular medical malpractice cases in second-instance trials involve substantial compensation and a high proportion of death outcomes.Both medical institutions and patients should pay greater attention to first-instance trials.Appraisal organizations should proactively provide explanation and education regarding issues likely to raise patient doubts,thereby reducing unnecessary appeals.They should also avoid hasty revisions of appraisal opinions when faced with objections and instead focus on improving the quality and credibility of appraisals.In determining medical faults,emphasis should be placed on evaluating whether there was inadequate patient monitoring and management,omission of auxiliary examinations,and insufficient notification.
