If lung cancer is not detected, should the medical examination center pay?

　　If lung cancer is not detected, should the medical examination center pay?

　　□ Our reporter Xu Weilun

　　□ Correspondent Qin Pengbo

　　Not long ago, when Uncle Wang had a chest CT scan in the hospital, he found a lung tumor. Uncle Wang suddenly thought that in 2018, the unit had organized a physical examination and had a chest radiograph at a physical examination center. At that time, the chest radiograph on the examination report was "no abnormality in the two lungs, heart and diaphragm". When Uncle Wang gave the 2018 chest radiograph to the doctor, the doctor diagnosed that there was already a tumor in his lungs. Uncle Wang was very angry, so he sued a medical examination center to the court on the grounds of a medical damage liability dispute, requesting a medical examination center to pay 500,000 yuan in total for medical expenses, mental damage relief money, and nutrition.

　　With the improvement of health management awareness, physical examination has increasingly become a must in the lives of the general public. However, have you also encountered a situation where you have a disease like Uncle Wang, but the physical examination center has not detected it? For this reason, the judge of the People's Court of Haidian District in Beijing conducted a "legal physical examination" to teach everyone how to prevent problems before they happen.

　　Q: Is the health checkup a medical act?

　　Answer: The physical examination is a medical act. In 2009, China promulgated and implemented the "Interim Regulations on the Management of Health Checkups", which clarified that the health checkup is a physical examination of the subject through medical means and methods to understand the health status of the subject, early detection of disease clues and health risks. . Therefore, the essence of health examination is medical behavior. The above-mentioned regulations also clarify the number of personnel, medical qualifications, and physical examination sites that the health examination center must meet as a medical institution. For example, the physical examination items carried out by medical institutions must belong to the "List of Basic Health Examination Items" formulated by the Ministry of Health. Each health examination item The result should be recorded and signed by a professional practicing physician.

　　Question: Will the court fully support Uncle Wang's petition?

　　Answer: Many people sympathized with Uncle Wang's experience. However, judging from the verdict, the court did not fully support his claim in the end.

　　The focus of the dispute in this case is whether the medical behavior of a medical examination center as a medical institution is at fault, and whether the damage suffered by Uncle Wang is causally related to the medical behavior of the medical institution. After Uncle Wang’s application, the court entrusted an appraisal agency to appraise the above matters. According to the appraisal opinion, the natural attributes of the lung cancer cells that Uncle Wang suffered will not change over time. Even if a tumor is found in 2018, it must be accepted and accepted. With the same treatment plan now, the treatment effect will not be different. After review by the court, this expert opinion was accepted.

　　From this, it can be seen that the medical expenses and nutrition expenses claimed by Uncle Wang are normal expenditures for the treatment of his own diseases, and there is no direct causal relationship with the medical behavior of a medical examination center, and the court does not support it.

　　However, the court held that because a certain medical examination center failed to inform Uncle Wang’s abnormal condition in time, which caused Uncle Wang’s delay in diagnosis of his condition, and the resulting mental anxiety and fear, the physical examination center should give him a certain amount of mental anxiety. Comfort. In the end, the court ordered a medical examination center to pay 20,000 yuan for Uncle Wang’s mental damage.

　　Question: How can the examinee take a physical examination with peace of mind?

　　Answer: When the examinee chooses the medical examination center, the qualification of the institution should be checked in advance. If a staff member is found to be unskilled during the physical examination, he can ask to check whether he is qualified as a practicing physician. The health examination report should comply with the basic standards for writing medical records. If the examinee receives an irregular report, he can request the health examination center to reissue it. The examinee should keep the medical examination report, so that whether it is a medical accident caused during the medical examination, or the medical examination center fails to fulfill the obligation of notification, the examinee can claim compensation from the medical examination center.