CNY 16,330 Awarded in Fish Bone Medical Malpractice Case

The appellate court upheld a lower court decision awarding CNY 16,330 in damages to the sons of a woman who died after a hospital performed a barium swallow test for a fish bone stuck in her throat. The deceased, Ms. Huang, visited Eastern China City Traditional Chinese Medicine Hospital after experiencing discomfort for five days. The hospital’s examination found no visible fish bone, and a barium contrast study was arranged. Shortly after the test, Ms. Huang suffered sudden massive bleeding, lost consciousness, and died despite resuscitation efforts. Her sons, Mr. Zhou A and Mr. Zhou B, sued the hospital for medical malpractice, seeking CNY 540,824.80 in total compensation.

Ms. Huang went to the hospital on August 20, 2009, reporting that she had swallowed a fish bone five days earlier and had chest pain. The ear-nose-throat doctor saw no foreign body in the throat. A barium meal study with cotton pellets also showed no abnormality. While returning from the radiology department, Ms. Huang coughed up blood and became unconscious. She went into cardiac arrest and was pronounced dead at 5:10 PM. The hospital paid the family CNY 30,000 as compensation shortly afterward. The Zhejiang Medical Association later conducted a medical malpractice assessment and concluded that the case was a Grade 1 Class A medical accident with the hospital bearing secondary responsibility.

At trial, the medical association’s report was the central piece of evidence. It stated that the clinical cause of death was hemorrhagic shock and asphyxia due to the fish bone injuring a major blood vessel. The bleeding was difficult to avoid regardless of the barium test, because the injury had already occurred days earlier. However, the hospital failed to fully recognize the severity of the condition and performed the barium study without adequate evaluation. The report also found that the hospital’s resuscitation records were incomplete, raising questions about the timeliness and appropriateness of the emergency care. The hospital argued that the test was within standard practice and that Ms. Huang’s condition was extremely grave, with a near‑zero chance of survival.

The trial court found that the hospital had acted with negligence based on the medical assessment. It applied the Medical Malpractice Handling Regulation, which governs compensation for medical accidents. The court awarded CNY 15,325 for funeral expenses, CNY 500 for transportation costs, and CNY 100,000 for emotional distress. However, it denied the plaintiffs’ claim for death compensation and legal fees, holding that those items were