Liability for Medical Malpractice

Abstract

Case::

Guoqiang Yan vs. Beijing Haidian Obstetrics and Gynecology Hospital

Facts::

Plaintiff was a pregnant woman who had regular examinations at Defendant’s hospital. At the tenth examination, the doctor found there was too much amniotic fluid and unusual fetal movement. However, the doctor did not take the findings seriously and just arranged an oxygen uptake for Plaintiff. Lastly, the doctor asked the Plaintiff to come back the next morning. However, during her examination the next morning, Plaintiff had a stillbirth.

Issue::

What level of duty of care is owed to the patient by a hospital?

Holding::

Because of the importance of medical treatment for a patient’s life and health, a medical professional bears a duty of care to every patient. In this case, the doctor-patient relationship had been established. When the unusual symptom was found, Defendant did not notify Plaintiff of the danger and the possibility of an accident, nor ask her to stay in hospital for observation. Therefore, the hospital, as an institution for medical professionals, was at fault for its failure to fulfill the duty of care and notification. The stillbirth might also be attributed to Plaintiff’s personal reason. However, since it could not be concluded that the fetus would have died even if Plaintiff stayed in hospital, there was causation between the medical treatment and Plaintiff’s damage. Therefore, Defendant was liable in this case. Given Plaintiff’s personal reason and the uncertainty of stillbirth, Defendant shall bear partial liability.

Rule::

Where any damage is caused to a patient during the course of medical treatment, the medical institution shall be held liable if it failed to fulfill its professional duty of care.