Woman who had two kidneys mistakenly removed was compensated 375 million VND

On July 3, the People's Court of Can Tho City heard the appeal of the lawsuit demanding compensation from Can Tho General Hospital for mistakenly removing two kidneys from patient Hua Cam Tu (43 years old) in Thoi Lai district.

Previously, in June 2017, the Ninh Kieu District People's Court held a first-instance trial and ordered Can Tho General Hospital to pay VND302 million in compensation for mental damage and a monthly allowance of VND5.8 million until the compensation responsibility ends (lifetime compensation). Disagreeing, the hospital filed an appeal.

At the trial, the hospital agreed to increase the compensation to 350 million VND, along with lifelong treatment for Ms. Tu. According to the defendant's representative, the hospital is currently facing many difficulties, and many doctors have passed away. Two doctors involved in the lawsuit are currently not practicing, one of whom is terminally ill.

Due to poor health, Ms. Tu did not come to court but authorized her husband Nguyen Thien Tri to act.Use a lawyer to protect your rights.Mr. Tri said his family is exhausted, heavily in debt, with 3 children in school, and with 350 million VND, it can only solve the immediate situation.In the long run, I don't know what to do because my wife is often sick due to taking anti-rejection drugs and needs to be nourished to have good health.

According to the plaintiff's representative, the compensation amount this time should be up to 450 million VND. However, due to goodwill and sympathy for the hospital's difficulties, it can be reduced to 400 million VND.

After being persuaded and explained by the panel of judges, both sides agreed that the hospital would increase the one-time compensation for Ms. Tu to 375 million VND and provide lifelong treatment for this woman.The panel of judges decided to amend the first instance judgment, recognizing the agreement between the two parties.

According to the records, on December 1, 2011, Ms. Tu was taken to Can Tho General Hospital for examination. The CT scan results showed that her right kidney was fine, but her left kidney had grade III-IV hydronephrosis and had stones that required surgery.

Five days later, Ms. Tu was scheduled for laparoscopic surgery to treat her left hydronephrosis. After the surgery, due to complications such as edema and worsening health, she went for an ultrasound and found out that the doctor had removed both kidneys. When she complained, the hospital replied that it was due to force majeure and promised to refund the hospital fees and provide free dialysis support for life.

In July 2012, Ms. Tu had a successful kidney transplant at Hue Central General Hospital. Can Tho General Hospital supported her family with 6 million VND per month; then reduced to 3 million and from May 2013 until now, it has stopped completely.

During the process of resolving the case, the hospital did not admit professional errors and did not agree to compensation, so in mid-2013, Ms. Tu filed a lawsuit.

According to the assessment results of the National Institute of Forensic Medicine on June 22, 2015, Ms. Tu's health was reduced by 81%.