In that year, the child who was only 7 years old became a vegetable person since he received an infusion due to a cold at the Hongqi Road Clinic of the Chengguan Street Office Health Center in Pingdu City, Shandong. The A11 version of our newspaper on January 17 this year once reported this incident with the title "Who is to Blame for the 7-Year-Old Girl Becoming a Vegetable Person". After the incident, the People's Court of Pingdu City held court several times, and finally had the first-instance result: the attribution unit of Hongqi Road Clinic, the Chengguan Street Office Health Center of Pingdu City, compensated the victim, Tian Tian (a pseudonym) who is now 9 years old, more than 580,000 yuan. Regarding the first-instance judgment of the People's Court of Pingdu City, Dong Jinguang, Tian Tian's father, expressed that he did not accept the judgment result and would appeal to the Intermediate People's Court of Qingdao City.
A "Family ICU" was Built for the Child
On October 27, 2008, Tian Tian who was only 7 years old and was in the second grade of a primary school in Pingdu City was brought by her mother Su Wenfang to the Hongqi Road Clinic of the Chengguan Street Office Health Center in Pingdu City for treatment.
During the process of receiving the infusion at the clinic, the child suddenly started trembling on the bed. Seeing this, Su Wenfang hurriedly sent the child to the People's Hospital of Pingdu City for emergency rescue. During the period of being sent to the hospital, the child went into shock. "The child had already stopped breathing when she got on the ambulance," Later, although the child's life was saved in the hospital, she became a vegetable person. In the past two years, Tian Tian's parents have built a "family ICU" (home intensive care unit) at home for Tian Tian and have been monitoring the child in pain.
The Case Has Gone Through Several Trials
After the child became a vegetable person, Dong Jinguang, Tian Tian's father, and Su Wenfang, her mother, sued the head of the Hongqi Road Clinic - Pang Shihao, the deputy director of the Chengguan Street Office Health Center in Pingdu City, Tian Xiufang, Pang Shihao's wife who gave the child the infusion at that time, and Liu Zhijie, the legal representative of the Hongqi Road Clinic and the director of the Chengguan Street Office Health Center in Pingdu City.
The People's Court of Pingdu City held court several times regarding this medical dispute, but there has been no judgment result so far.
Previously, when the People's Court of Pingdu City reviewed this incident, the Chengguan Street Office Health Center in Pingdu City once defended that the clinic and the hospital were two separate units, the clinic operated independently, the health center had no fault, and should not bear any responsibility.
The Hongqi Road Clinic believed that the physician strictly followed the medical routine during the diagnosis of the child, observed carefully, and the medicine sources were regular, there was no fault, and they should not bear any responsibility.
Tian Xiufang who gave the child the infusion at that time believed that when the child showed symptoms of shortness of breath, the doctor and she gave timely treatment and transferred the child to another hospital, there was no fault in the treatment and nursing.
Regarding the above defenses of the parties in court, Dong Jinguang, Su Wenfang, and their agent lawyer all rejected them. And in this trial, the People's Hospital of Pingdu City which participated in the rescue of the child appeared as a third party.
Parents Do Not Accept the First-Instance Judgment
The court believed that the head of the Hongqi Road Clinic was Pang Shihao, and the legal representative of the clinic was still Liu Zhijie, the director of the Chengguan Street Office Health Center in Pingdu City.
The court found that the clinic paid an annual management fee of 1500 yuan to the health center. As the deputy director of the health center, Pang Shihao usually worked in the health center and was paid by the health center, sometimes seeing patients at the Hongqi Road Clinic.
The court also believed that during the diagnosis of the child at the clinic, the Hongqi Road Clinic had defects and faults in diagnosing, using medicine, and rescuing the child, causing the current condition of the child. Its defects and faults had certain factors related to the child's own special physical constitution. Both the plaintiff and defendant parties should bear equal responsibility, that is, each party bears 50% responsibility.
On January 25, the court ruled that the Chengguan Street Office Health Center in Pingdu City should compensate the child for medical expenses, disability compensation, post-disability nursing fees, and other costs totaling more than 580,000 yuan.
Regarding the "equal responsibility" in the first-instance judgment of the court, the child's father, Dong Jinguang, expressed that he did not accept the judgment result and would appeal to the Intermediate People's Court of Qingdao City. Reporter Wang Yongduan