The plaintiff's son, Xu Jian, was a regular employee of the Anfu County Mobile Company before his death. At around 10 PM on March 14, 2009, Xu Jian accidentally fell and suffered a head injury. He was then sent to the Anfu County People's Hospital for treatment. Due to an acute posterior fossa epidural hematoma and foramen magnum herniation after severe brain trauma, he experienced central respiratory and circulatory failure and passed away on March 21, 2009.
In the process of treating Xu Jian, due to the limitations in technical experience, the attending physician did not pay sufficient attention to the occipital bone fracture and posterior cranial fossa epidural hematoma discovered during the CT scan on the night Xu Jian was admitted. There was no timely referral to a neurosurgical specialist for diagnosis. Even after Xu Jian exhibited obvious symptoms such as severe headache and vomiting, there was no prompt repeat CT scan, which led to the inability to timely detect changes in his condition, thus missing the best opportunity for rescue treatment. The defendant’s technical negligence had a certain causal relationship with the death of the patient, Xu Jian. Given that the injured area of Xu Jian was relatively special, the initial symptoms and signs of trauma were not obvious, objectively increasing the difficulty in observing the condition. The acute posterior fossa epidural hematoma is perilous, and its rapid progression constituted the main factor leading to death. After identification by the Ji'an City Medical Association, this case was classified as a Grade A Level One medical accident, with the defendant bearing secondary responsibility. Neither party raised objections to this appraisal conclusion. The economic loss caused to the plaintiff due to Xu Jian's death amounted to a total of 38,427 yuan.
After reviewing the case, the Anfu Court determined that this dispute arose from a medical accident due to medical behavior. The plaintiff's son, Xu Jian, died after being hospitalized at the defendant’s facility following an accidental head injury. The plaintiff claimed that the defendant was at fault during the treatment process and demanded compensation. The burden of proof regarding whether there were faults in the defendant’s treatment process and whether there was a causal relationship between these faults and Xu Jian's death should be borne by the defendant. After identification by the Ji'an City Medical Association, it was confirmed that this case belonged to a Grade A Level One medical accident, where the defendant was at fault in the medical accident. There was a certain causal relationship between the defendant’s medical actions and the death of Xu Jian, with the defendant bearing secondary responsibility. Neither party raised objections to this appraisal conclusion, which the court accepted. Therefore, the defendant should bear corresponding compensation responsibility (40%), amounting to 15,370 yuan, with the mental distress compensation set at 20,000 yuan, totaling 35,370 yuan.
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