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Last updated at: (Beijing Time) Saturday, January 11, 2003

Victim Wins Malpractice Suit against Hospital

The family of a patient who died from complications resulting from kidney surgery has won a 17-month court battle against the hospital for its failure to provide complete information about the potential risks involved.


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The family of a patient who died from complications resulting from kidney surgery has won a 17-month court battle against the hospital for its failure to provide complete information about the potential risks involved.

The Intermediate People's Court in Wenzhou city, in east China's Zhejiang province, after hearing the appeal, ruled that the Hospital of Traditional Chinese Medicine in Cangnan county must pay compensation in the amount of nearly 90,000 yuan (10,840 US dollars) to the victim's family.

In August of 2000, the hospital operated on Li, who was suffering from kidney failure and high blood pressure, but failed to inform Li and his family of the possible complications.

When the first operation proved unsuccessful, the hospital carried out a second one nine days later without consulting with the patient or his family. And the doctors did not keep any recordof the surgeries.

Li's physical condition declined soon after the second operation, and he died in about three weeks.

The local authority responsible for looking into medical malpractice claims concluded in April 2001 that the hospital had made the right diagnosis but failed to treat Li properly.

In August 2001, Li's wife and five children filed a suit beforethe Cangnan County Court, claiming compensation from the hospital.

In accordance with the law on the protection of consumers' rights and interests, the court verdict reached in February 2002 said that the hospital had to compensate the family for Li's medical expenses and other costs incurred.

It is the first time for a court in Wenzhou city to treat patients as consumers in settling a medical malpractice suit, sources here said. Similar cases were settled in the past with a petty compensation that amounted to 10 years of basic living expenses, calculated in compliance with local standards.


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