The hospital cuts patient's good lung and leaves the disease lung by mistake Relative complain 25 difficult to demand the statement year

The hospital cuts patient's good lung and leaves the disease lung by mistake Relative complain 25 difficult to demand the statement year
25 year ago,whose name is by mistake Ren Zhang, patient of lung cancer, been large one for hospital in Fujian Province and lungs fine excise, and leave the disease lung. Zhang Ren and pass away after,family of him complain whether have hospital lasted defendant's seated everywhere at 2003. First instance it go through this case, second instance,recently Ren Zhang and family receive by Fuzhou city intermediate court to last rulings of acquittal to review application of it again.
The incident is returned 25 years ago
At the end of 1983, Zhang Ren and cough, take the blood in the phlegm, check to the internal medicine department clinic of a large hospital two in our citying, find the cancer cell on the phlegm slide, is in hospital subsequently.
The result that the fibrous bronchus mirror of the hospital checks is " One section of tumour possibilities is great outside the lower leaf of left " ; It is reported that pathology is checked " Differentiate scale's cancer high " ; The X-ray examination report thinks " Left the intersection of lung and lower the intersection of leaf and nearly the intersection of centre portion and possibility most loud cancer " When.
On January 28 of the same year, the hospital and implemented and cut open the chest to ascertain the operation for a benevolence. After the thorax is opened, the doctors have not touched to lump. Doctor Su of the operator checks according to the skill, excise the lower leaf of left lung.
Operation later,Zhang Ren and phlegm last cancer cell in slide again; Dept. of pathology carries on continuous cut sections for microscopic examination to the lower leaf sample of left lung, has not found the cancer cell.
At the end of March of 1984, Zhang Ren and transferring from one hospital to another in Shanghai, found that belonged to " calibre bronchus scale's shape cell cancer of the leaf in the right of lung " . The doctor tells the early scale's cancer operation has the best therapeutic effect, is better than electrotheraph and chemotherapy far, but the existing situation can't have an operation any more.
May 29, 1986, Zhang Ren and leaving this world.
To this medical incident, the department of public health of Fujian Province judged for " made a reservation to misdiagnose, cut by mistake " in November of 1987 .
Because the hospital disagrees with appraising the malpractice, is limited to the legal provision at that time, the court is unable to accept this dispute. Until 2003, the court of drum block did not accept this " offering as a gift case of lung cancer " formally according to relevant new regulations .
The court goes through several to examine Think ultra prescroption
In all previous court's trial, the hospital insists: According to relevant legal provisions, during the lawsuit prescroption that the bodily injury is compensated for is one year. This dispute has already passed for 20 years, has already exceeded lawsuit prescroption, so the plaintiff lost right of winning a lawsuit.
Zhang Ren and several daughter but think over these 20 years complain they whether do one's utmost everywhere to advocate, so has not exceeded lawsuit prescroption. They have put thick several materials of university degree in order, is getting rid of and recording that is misdiagnosing relevant evidences collected after the accident happened on that for this, mostly about them over the years to medical circle, press, procuratorate, court, the intersection of province and the intersection of person who can disappear committee and evidence that numerous departments report situations.

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