A rhinitis patient fell to death after surgery, Baidu was sued for hospital bidding ranking

　　Because a 27-year-old rhinitis patient died after surgery, the hospital and Baidu Company, which provides bidding ranking services to the hospital, were sued by the patient's family.

　　In an interview, the patient's fiancé Yang Hu (pseudonym), said that Zhang Rui searched for medical information through Baidu for keywords such as "Urumqi Rhinitis Hospital" and selected the number one Urumqi Edward Hospital (hereinafter referred to as "Edward Hospital") for treatment in the search results. After the operation, Zhang Rui developed emotional abnormalities, psychological disorders, accompanied by mental symptoms, and eventually died. The judicial appraisal opinions commissioned by the family party show that there is an indirect causal relationship between the fault of medical behavior and the consequences of the patient's death.

　　Baidu Medical’s bidding ranking has been controversial for a long time, but public cases in which Baidu has been sued for this are extremely rare. A reporter from China Youth Daily and China Youth Online learned that Zhang Rui's family claimed a total of 674,000 yuan in compensation. In March this year, Baidu received a complaint, a notice of response, a notice of evidence and a summons sent by the court. Zhang Rui's parents' attorney said that Baidu has raised jurisdictional objections to the court.

　　The reporter contacted Baidu's public relations staff on the morning of March 31 to find out the relevant information, and no reply was received as of press time.

　　The surgery was performed on the day of medical treatment

　　On August 27, 2016, Zhang Rui walked into Edward Hospital for the first time. The outpatient medical records show that Zhang Rui complained of "nose congestion and runny nose for several years". The doctor's diagnosis was that Zhang Rui suffered from allergic rhinitis, deviated septum, sinusitis, and hypertrophic rhinitis.

　　The doctor performed the operation on Zhang Rui that day. According to the surgical record sheet, from 1:30 to 2:50 noon, the doctor performed a bilateral pre-sieve nerve block, nasal septum correction, and middle and lower turbinate ablation for Zhang Rui. On that day, Zhang Rui paid a total of more than 4,000 yuan to the hospital.

　　Yang Hu told China Youth Daily and China Youth Online reporter that Zhang Rui used to get a cold and had a constant nasal congestion and runny nose. He had not treated him much before, but the wedding date was approaching. She hoped to be cured before marriage, so she went to Baidu to find Edward Hospital. Yang Hu later applied for notarization and showed that after entering "Urumqi Rhinitis Hospital" on Baidu, "Urumqi Edward Hospital" ranked first in the search results, with the words "Advertising" marked in the lower right corner of the article.

　　"Ordinary people always think that the top-ranked hospital must be a good hospital." Yang Hu recalled that after the operation in the hospital, Zhang Rui's nasal cavity was very painful, and he almost couldn't sleep for three consecutive days. Later, he sometimes had less than two hours of sleep. Yang Hu said that on September 3, Zhang Rui's nose was bleeding continuously and he was rushed to the hospital. Since then, she also developed symptoms such as fear and nonsense. She often dreamed that her nose was bleeding continuously, "I trembled all over after waking up from the dream, and I was extremely mentally ill."

　　They began to negotiate with the hospital. A recording of their conversation with the hospital staff showed that Zhang Rui repeatedly said that he was in a bad state and could not work normally. He asked the hospital to buy a car and a house for himself, and returned the 2 million yuan he accidentally entered the hospital account, and said, "I will really commit suicide."

　　The staff advised her to relax and divert her attention. If she felt that the charges were unreasonable, she could negotiate with the hospital to refund the surgical fee.

　　"She was already in a bit abnormal at the time." Yang Hu told reporters that Zhang Rui had never made 2 million yuan in the hospital account. After starting negotiations with the hospital, she always felt that someone was "surveillance" her and was worried that her friends who worked in the hospital would be implicated.

　　Half a month after the operation, on September 13, Yang Hu took Zhang Rui to Urumqi Fourth People's Hospital to check his mental state. The results showed that Zhang Rui had weak emotional control ability, his cerebral cortex showed a state of inhibition and fatigue, and his psychological disorders and mental symptoms.

　　Family members believe that the hospital and Baidu jointly caused the patient's death

　　On the day he arrived at the Fourth People's Hospital of Urumqi, Zhang Rui called his father Zhang Kuo (pseudonym), who was away from home. Zhang Kuo recalled that his daughter said she had been “invased” on the phone. He advised her not to think too much and asked Yang Hu to take her out to relax.

　　The next day, Yang Hu took Zhang Rui out for a trip. Yang Hu said that Zhang Rui also said to him that day, "Don't go out, I feel that someone is following you."

　　The accident happened the day after returning from the trip. On September 15, 2016, Yang Hu went to a friend's house to collect medical records, and Zhang Rui was at home alone. After Yang Hu got his medical records and went home, he found that there was a circle of people downstairs. The police on-site inspection and forensic examination results showed that Zhang Rui died of falling from high ground.

　　Subsequently, Zhang Rui's parents sued Edward Hospital and Beijing Baidu Netxun Technology Co., Ltd. in the Shuimogou District People's Court of Urumqi City, claiming 525,000 yuan in death compensation, 30,000 yuan in funeral expenses, 4,691 yuan in medical expenses, etc., totaling 674,000 yuan. In March this year, the hospital and Baidu Company have received complaints, notices of response, notices of evidence and summons sent by the court.

　　Hong Li, the lawyer representing Zhang Rui's family and a lawyer at Beijing Huatai (Urumqi) Law Firm, said that Baidu has raised jurisdictional objections.

　　In the complaint, Zhang Rui's parents believed that during the patient's visit, due to irregular diagnosis and treatment in Edward Hospital, Zhang Rui was wrongly treated, causing discomfort symptoms such as pain, insomnia, depression, empty nose syndrome, etc., and afterwards were not taken after the operation, Zhang Rui fell from the building and died.

　　They also believe that their daughter went to the hospital for treatment and was guided by the hospital's paid bidding ranking (the effect is equivalent to advertising) on ​​Baidu. Therefore, the faulty behavior of Baidu and the hospital together caused Zhang Rui's death.

　　Previously, Beijing Huatai (Urumqi) Law Firm, which was commissioned by Zhang Rui's family, commissioned Xinjiang Xiangyun Judicial Appraisal Institute to assess the medical faults and causal relationships in this incident.

　　The forensic clinical judicial appraisal opinion issued by the institute in December 2016 stated that the medical prescription had insufficient diagnosis basis, and in this case, the medical prescription should adopt a step-by-step treatment method according to the classification and degree of rhinitis, and then use selective neurotomy if the step-by-step treatment is ineffective. However, Edward Hospital did not conduct step-by-step treatment, that is, the patient was given surgical treatment and the scope of the surgery was expanded, and there was a medical fault that violated the treatment principles and norms. In addition, the medical party also has medical faults that have not fulfilled its obligation to pay attention to danger.

　　Lawyer Hong Li said that he had consulted an otolaryngology professional, "The other party believes that the normal treatment method should be to prescribe some medicine first. If it is not particularly painful and seriously affects breathing, the turbinate should not be surgically removed." Public information shows that excessive resection of the turbinate may cause symptoms such as irritability, anxiety, depression, etc. in some patients.

　　The aforementioned opinion also states that although the medical prescription has multiple medical faults, it is not enough to cause the patient's death. It is only inducing its endogenous disease (mental disorder) during the diagnosis and treatment process and under the stimulation of medical prescription faults, causing death. Therefore, there is an indirect causal relationship (inducing factors) between the fault of medical behavior and the consequences of the patient's death, and the participation of medical behavior fault of medical behavior is 25%.

　　The opinion letter is not the final basis. According to judicial interpretation, if one party entrusts the relevant departments to make an appraisal conclusion, and the other party has enough evidence to refute and apply for a re-appraisal, the people's court shall approve it. The relationship between patient death and Baidu also needs further proof.

　　As of press time, Baidu has not responded or commented publicly on the matter. On March 22, the reporter called the Department of Otolaryngology of Edward Hospital. The staff of the department said, "The doctors are too busy, how can they have time to accept an interview? The director said that if you agree to accept the interview, you will contact you." As of press time, the reporter received no reply. (Source: China Youth Daily)

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