A 32-year-old pregnant woman suddenly develops amniotic fluid embolism during childbirth and becomes a vegetative state. After a compensation of 360,000 yuan, the hospital is again ordered to pay 310,000 yuan.

How to Share Long-term Medical Expenses for a Vegetative State Patient?

In December 2016, 32-year-old mother Tong was in a hospital in Jinhua, Zhejiang, preparing for childbirth when she suddenly suffered an acute amniotic fluid embolism. During delivery, the hospital lacked sufficient understanding of amniotic fluid embolism and did not administer anti-allergy treatment immediately. During rescue, the hospital performed an episiotomy and used forceps to deliver a male infant, then carried out a total hysterectomy, causing Tong to fall into a coma.

According to evaluations, the hospital was at fault and bore minor responsibility. In 2019, the court ordered the hospital to pay more than 360,000 yuan in compensation. From December 2018 to December 2025, Tong was transferred among multiple hospitals for treatment, incurring medical expenses of 1.17 million yuan, and remains in a vegetative state. Her family sued the hospital, demanding coverage of ongoing medical costs and related damages. According to China Judgments Online, recently, the Wucheng District People’s Court of Jinhua, Zhejiang, issued a first-instance ruling, ordering the hospital to pay 310,000 yuan in compensation.

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The court confirmed that Tong previously filed a medical damage liability lawsuit against Jinhua Hospital. The medical damage appraisal report indicated that the medical staff lacked sufficient awareness of amniotic fluid embolism during delivery and did not administer anti-allergy treatment promptly. During the rescue involving higher-level hospitals, the medical records were not properly maintained, and there was medical fault, with a minor degree of responsibility (participation rate of 15%). The injury was classified as Level B first-degree disability.

At the court’s request, a judicial appraisal center issued an opinion stating that Tong’s care period was from the date of injury until June 20, 2018, the day before the disability assessment, after which she was fully dependent on care. After trial, on March 13, 2019, the court issued a civil judgment, attributing 15% of the reasonable damages to the defendant and setting the long-term care period at five years; if care is needed beyond five years, the plaintiff may claim separately. The court ordered Jinhua Hospital to pay Tong 360,320.06 yuan (after deducting an advance payment of 5,500 yuan).

From December 10, 2018, to December 4, 2025, Tong was hospitalized at multiple hospitals, incurring a total medical expense of 1,178,786.15 yuan. Her family states she remains in a vegetative state and is still hospitalized.

The court held that when a patient suffers harm during medical treatment, the medical institution and its staff are liable for damages if at fault. The medical damage liability dispute between the parties was confirmed by Civil Judgment No. (2018) Zhejiang 0702 Minchu 12060, which found the defendant at fault and responsible for 15% of the plaintiff’s reasonable damages. The plaintiff’s claim for the defendant to pay 15% of the ongoing medical costs and related damages was supported.

After review, the plaintiff Tong’s total reasonable damages amounted to 2,086,787.31 yuan. Since the previous case already awarded 20,000 yuan for ongoing treatment, this amount was deducted, leaving the defendant’s liability at 310,018.10 yuan. Therefore, the court ruled that Jinhua City Hospital must pay Tong 310,018.10 yuan for her damages.

Reporter: Jiang Long, Red Star News

Editor: Guo Yu

Reviewer: He Xianju