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2000年6月,陈燕因为左眼复发性结膜囊肿需手术摘除,她专程从县城赶到某大城市,并于当月在某医院手术治疗。7月初出院时她发现左眼不能睁开了。10月,陈燕再次到这家医院试图矫正,再次手术后,左眼也只能微微睁开。随后陈燕又到另一家医院就诊,经诊断,眼睑下垂是因为提上眼睑肌损伤所致,很难恢复。为此,陈燕申请进行医疗事故鉴定。去年8月,医疗事故鉴定委员会给出鉴定书:一、诊断和治疗并无不当;二、左眼上睑下垂属术后并发症。结论是不构成医疗事故。鉴定书下达后,陈燕认为不公,因为在手术前医院并没有告诉她,手术后会引起并发症。于是,她多次找到医院协商未果,遂起诉至当地县法院。法院经审理认为,鉴定部门的结论不能证明医院有过错,因此不能支持陈燕的诉请。陈燕不服,再上诉到中院。2002年11月,中院作出终审判决:撤销原判,改判该医院赔偿陈燕医疗费、误工费、残疾者生活补助费、车旅费3.2万余元,精神损失费3万元。
June 2000, Chen Yan because of the left eye recurrent conjunctival cyst need surgical removal, she made a special trip from the county seat to a big city, and in the month of surgery in a hospital. When she was discharged from hospital in early July, she found that the left eye could not open. In October, Chen Yan once again went to the hospital to try to correct, after surgery again, the left eye can only be slightly opened. Then Chen Yan went to another hospital for treatment, the diagnosis, droop eyelid is due to mention caused by injury, it is difficult to recover. To this end, Chen Yan apply for identification of medical malpractice. Last August, the medical malpractice appraisal committee gave a certificate: First, the diagnosis and treatment is not improper; Second, the left eye ptosis is a postoperative complications. The conclusion is not a medical accident. After the certificate was issued, Chen Yan considered unfair because the hospital did not tell her before the operation and would cause complications after the operation. So, she repeatedly found unsuccessful hospital consultations, then sued to the local county court. Court hearing that the conclusions of the appraisal department can not prove that the hospital has a fault, it can not support Chen Yan’s petition. Chen Yan refused to accept, then appeal to the Intermediate Court. In November 2002, the Intermediate Court made a final judgment: the original verdict was rescinded and the hospital was compensated for Chen Yan’s medical expenses, loss of working time allowance, living allowance for disabled person, traveling expenses of 32,000 yuan and mental damages of 30,000 yuan.