Clipping Board » Medical Harm ─ Unnecessary or inappropriate medical procedures can also cause harm.
April 22, 2009 [Reporters Lin Liangzhe, Xu Xialian / Taichung Report]
A fracture was mistakenly treated as a sprain, resulting in lifelong disability for the patient. The patient sued for over NT$30 million in compensation, and China Medical University Hospital, along with two physicians, was ordered to pay NT$2.33 million.
Li Zhengchun, Chief Secretary of China Medical University Hospital, stated that the hospital will decide whether to appeal after receiving the court’s written judgment. One of the physicians, Dr. Wu, has since passed away from cancer, while Dr. Chen resigned over two years ago and is currently working at a hospital in southern Taiwan. The hospital noted that Dr. Chen left after completing his outpatient duties and could not be reached for comment.
The court documents revealed that a female teacher surnamed Chen in Taichung was injured in a car accident in December 2001. She sought treatment at China Medical University Hospital, where an emergency room physician conducted an X-ray examination but found no signs of a fracture. She was subsequently treated by Chinese medicine physicians Chen Taiyou and Wu Shengxian for over four months.
The two physicians failed to carefully review the X-ray before treatment, diagnosing her condition as a foot sprain. They administered traditional Chinese medical treatments such as joint flexion and extension, tendon manipulation, acupressure, and acupuncture. After more than 50 sessions over four months, Chen developed complications including malunion of an old fracture in her right foot and traumatic arthritis, resulting in a 13th-level disability and a 23% reduction in her labor capacity. She now walks with a limp and sometimes requires a cane. The Taichung District Court’s criminal division ruled that the two physicians were guilty of professional negligence causing injury and sentenced them to 40 days of detention.
Chen also filed a civil lawsuit for compensation. She testified that during the treatments, her bones made cracking sounds multiple times, and she screamed in unbearable pain, but the physicians ignored her. The disability led to the end of her engagement to her doctor boyfriend. She sought NT$31.65 million in damages from the two physicians and China Medical University Hospital, including NT$20.53 million for emotional distress.
During the trial, the judge confirmed that Chen’s disability was indeed caused by the physicians’ medical negligence. However, the court awarded her NT$2.33 million in total compensation, covering emotional distress, medical expenses, and other damages, to be paid by the two physicians and the hospital.
Source: http:/ / www. libertytimes. com. ……/ new/ apr/ 22/ today- life15. htm
Fracture Mistreated as Sprain Leads to Disability, Awarded 2.33 Million
A fracture was mistakenly treated as a sprain, resulting in lifelong disability for the patient. The patient sued for over NT$30 million in compensation, and China Medical University Hospital, along with two physicians, was ordered to pay NT$2.33 million.
Li Zhengchun, Chief Secretary of China Medical University Hospital, stated that the hospital will decide whether to appeal after receiving the court’s written judgment. One of the physicians, Dr. Wu, has since passed away from cancer, while Dr. Chen resigned over two years ago and is currently working at a hospital in southern Taiwan. The hospital noted that Dr. Chen left after completing his outpatient duties and could not be reached for comment.
The court documents revealed that a female teacher surnamed Chen in Taichung was injured in a car accident in December 2001. She sought treatment at China Medical University Hospital, where an emergency room physician conducted an X-ray examination but found no signs of a fracture. She was subsequently treated by Chinese medicine physicians Chen Taiyou and Wu Shengxian for over four months.
The two physicians failed to carefully review the X-ray before treatment, diagnosing her condition as a foot sprain. They administered traditional Chinese medical treatments such as joint flexion and extension, tendon manipulation, acupressure, and acupuncture. After more than 50 sessions over four months, Chen developed complications including malunion of an old fracture in her right foot and traumatic arthritis, resulting in a 13th-level disability and a 23% reduction in her labor capacity. She now walks with a limp and sometimes requires a cane. The Taichung District Court’s criminal division ruled that the two physicians were guilty of professional negligence causing injury and sentenced them to 40 days of detention.
Chen also filed a civil lawsuit for compensation. She testified that during the treatments, her bones made cracking sounds multiple times, and she screamed in unbearable pain, but the physicians ignored her. The disability led to the end of her engagement to her doctor boyfriend. She sought NT$31.65 million in damages from the two physicians and China Medical University Hospital, including NT$20.53 million for emotional distress.
During the trial, the judge confirmed that Chen’s disability was indeed caused by the physicians’ medical negligence. However, the court awarded her NT$2.33 million in total compensation, covering emotional distress, medical expenses, and other damages, to be paid by the two physicians and the hospital.
Source: http:/ / www. libertytimes. com. ……/ new/ apr/ 22/ today- life15. htm