Generally speaking, medical examinations are an important way for us to prevent diseases and understand our own health conditions. However, if a health check-up center misses a diagnosis, it may lead to serious consequences, and as a result, it will have to bear legal responsibilities.
In November 2019, Mr. Chen participated in a medical examination organized by his company, and the results showed that there were "no abnormalities" in both lungs. But in April 2021, when Mr. Chen had another medical examination, problems were found in his lungs, and he was diagnosed with advanced lung cancer.
Mr. Chen believed that the health check-up center had missed a diagnosis during the first medical examination, which caused him to miss the best treatment opportunity. So he sued the health check-up center in court, claiming compensation of approximately 356,000 yuan. The health check-up center argued that the medical examination was only a general assessment, and there was nothing improper in its examination and suggestions.
During the lawsuit, the forensic judicial appraisal showed that the health check-up center had the fault of missed diagnosis in the imaging diagnosis of Mr. Chen, and it was recommended to bear 85%-95% of the liability. In the end, the court ruled that the health check-up center should compensate Mr. Chen approximately 137,000 yuan, and both parties accepted the judgment and stopped the lawsuit.
From a legal perspective, although medical examinations are not aimed at treatment, they still fall within the scope of medical behaviors. The duty of care in diagnosis and treatment of health check-up centers should not be lower than that in disease diagnosis and treatment activities, and they should earnestly perform their responsibilities, including but not limited to:
1) Professional duty of care: Operate in strict accordance with the diagnosis and treatment norms, and do not miss any clues of possible diseases.
2) Duty of notification and reminder: Once an abnormal situation in the examinee's body is found, the health check-up center should promptly and clearly notify the examinee and give reasonable suggestions.
3) Duty of report standardization: There should be no vague or incorrect statements.
In this case, when Mr. Chen had a medical examination in 2019, the health check-up center failed to detect the solid nodules in his lungs in a timely manner. There was an obvious act of missed diagnosis, which had a causal relationship with Mr. Chen's personal injury, and it should bear the tort liability.
Health check-up centers must not use the excuse of being a non-clinical medical institution to reduce their own responsibilities and avoid bearing legal consequences due to momentary negligence. And as examinees, we should be cautious when choosing health check-up centers and keep the medical examination reports properly. Once we encounter missed diagnosis or misdiagnosis, we can safeguard our rights and interests.
Relevant legal provisions:
Article 1218 of The Civil Code of the People's Republic of China stipulates that if a patient is damaged during the diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall bear the liability for compensation.
Article 4 of The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Liability Disputes over Medical Damage stipulates: Where a patient claims that a medical institution shall bear the liability for compensation in accordance with Article 54 of the Tort Liability Law, he shall submit evidence of his medical treatment at the medical institution and of his damage. Where a patient is unable to submit evidence that the medical institution and its medical staff are at fault and that there is a causal relationship between the diagnosis and treatment act and the damage, and he applies for a medical damage appraisal in accordance with the law, the people's court shall approve it.
No comments:
Post a Comment