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Foshan "check-door" defendant pay 118,000
9 times for check-in which was not detected in B-6 deformity, seven hours to inform fetus before birth no left foot, the hospital should bear responsibility? Yesterday, 9:30, this bittersweet in his family came into the world in a year and a half boy - Le Le (a pseudonym), is wearing orthopedic foot cylindrical outer Foshan Intermediate People's Court in the trial court toddler. The courtroom, the final judgment of medical indemnity dispute with his destiny is closely related to the just finished reading. Foshan Intermediate People's Court held that, Nanhai District court Nanhai MCH bear 20% of the liability was not inappropriate, rejected their parents' Lele appeal and upheld the original verdict.
Following the second trial of the case carried out after the trial live, Foshan Intermediate People's Court of second instance verdict pronounced on the day of announcement through the official microblogging. Foshan Intermediate publicity chief Yang Fan said that the South China Sea as "check-door" a high degree of social concern such cases, take advantage of this emerging media microblogging way, timely disclosure of relevant information is an effective way of judicial trial disclosed. Currently, the hospital is exploring more effective disclosure and oversight mechanisms, through public hearings, the verdict on the basis of the results of public and other areas to meet the masses of the judicial work of information and surveillance.
Case playback
Prenatal seven hours left to inform the fetus missing
August 2009,BAhieWIKxj, residents of Nanhai District of Foshan City Zengmou discovered she was pregnant, she and her husband have been over thirty years, finally looked forward to a child, is naturally very happy. November 12 the same year, she started in Nanhai District MCH "the cards" for routine prenatal care. Until April 12, 2010 production date, Zengmou total in the hospital for antenatal care system check nine times, but until she was in labor,moncler sito ufficiale, the hospital finally confirmed the existence of serious fetal deformity, "left absent"! This message such as bolt from the blue, the family beaten senseless. Seven hours later, Lele was born, Zengmou first thing you see is a child missing his left leg foot.
The plaintiff claims in case the trial lost 73 118 000
Lele was born three months after his parents think the right to health clinics because of the fault of the hospital so that the child's behavior is severely compromised, that is the name of the Nanhai District Lele MCH court,peuterey outlet, seeks compensation for disability compensation, etc. the loss of a total of 73 million yuan.
Court commissioned the South China Sea region Medical Forensic Center on the case of medical conduct medical fault identification. After a judicial appraisal and after hearing three times, according to expert opinion the court that the case itself Lele left foot due to the lack of development,W28BKJhy98, is not a direct result of the defendant's fault; the presence of the defendant medical wrongdoing, the objective and the content violated the plaintiff Zengmou a right to know and the right to reproductive choice before birth, the verdict Nanhai District MCH bear 20% of the liability to the plaintiff's mental solatium 30,000 yuan, a total of 118,000 yuan.
After the verdicts, the plaintiff refused to accept the appeal. One hospital grounds of appeal there is a serious breach and violation of the right to informed consent and prenatal and postnatal care of patients; two hospitals should assume full liability; Third, Lele no fault of their parents, should not be liable. Appellee Nanhai District MCH reply said, according to current medical diagnostic criteria, B-ultrasound fetal distal absence must not belong to the scope of the diagnosis, the hospital shall not be liable in this case.
Detailed presiding judge upheld the conviction on the basis of
Question: the existence of fault hospital?
Judge: No promptly inform the medical risk of the fetus may exist, resulting in missed "track review 'time.
Foshan Intermediate People's Court held that, although the South China Sea MCH medical practices and medical clinics related regulations do not violate the general requirements, but its patient sonography failed to fulfill its due diligence and care, there are not effectively fulfill the duty of care and the fault of the duty of disclosure.
Presiding judge Yan Jiao believes that the current "Guangdong Provincial Health Department prenatal diagnostic technology management implementation details" related documents "Obstetric Ultrasonography Technical Guide (Trial)" (hereinafter "the Guide") is the province should follow obstetrical ultrasound technology guidelines and standards specialist, is involved in this case to determine whether the medical practices in line with the requirements of the direct basis of medical diagnosis and treatment. "Guidelines" set out in the ultrasound fetal malformations should check out a variety of situations, but in this case the absence of foot deformities, such as do not belong to the scope should check out.
Nanhai MCH in January 11, 2010 for a three-dimensional ultrasound Zengmou, check to fetal limb of the humerus, radius and ulna, femur,moncler outlet online, tibia and fibula, and noted the "distal extremities show unsatisfactory" in the ultrasound report attention and prompt "review the recommendations tracking," in line with "Guidelines" requirements. The South China Sea MCH late in February 26, 2010 on Zengmou routine obstetrical ultrasound in pregnancy black and white, check the limbs that "fetal limb fetal position because of factors showed unclear", and "Guide" in the "sometimes because of fetal position, amniotic fluid, the impact of maternal factors, ultrasound and a search is not a good indication of these structures "Explanation match.
Jiao Yan also said that the South China Sea as the MCH maternal and child health services in the professional medical organizations, in addition to laws and regulations should include isolated fetal malformations, fetal abnormalities doubt the existence of circumstances, should still be cautious note. Nanhai MCH not possible risk to the fetus, such as the distal limbs caused by lack of enough concern, not the medical risk of the fetus that may exist to inform patients in a timely manner, resulting in patients miss time "track review" The timing of fetal growth and development, there is a No earnestly fulfill the duty of care and duty of disclosure fault.
Question: Why should bear 20% of the responsibility?
Judge: No effective implementation of attention within the scope of the obligation to inform and bear the corresponding fault liability for damage consequences.
Foshan Intermediate Court held that the obligations of standard hospital checkups should then adapt the level of medical technology. Ultrasonography is an important means of prenatal check status, but it has some limitations in the existing level of medical technology, we can not check out all of fetal malformations. Medical acts performed by the South China Sea MCH does not violate laws and regulations, can only bear the corresponding fault liability in its duty of care and not effectively fulfill the obligations of the scope of the consequences of the damage.
Therefore,Parajumpers paris, the trial court with the actual circumstances of the case, referring to medical mistakes submissions identified the South Medical Forensic Center issued that "the lack of capacity in the case of children with a left foot caused by abnormal development of their own, full absence of children born with the medical side of no causal relationship between medical practices, in view of the medical side of medical wrongdoing above, the proposed liability participation of 10% -20% "comments, at the discretion of the South China Sea MCH bear 20% of the liability was not inappropriate.
■ expert opinion for check aims to exclude birth defects
Jinan University Law School professor Jimmy Bo: The focus is on the case,peuterey prezzi, check-in aimed professional equipment by means of hospital and physician expertise, rule out the possibility of fetal birth defects, in order to decide in advance whether to terminate the pregnancy; however the hospital in the early check-in We have suggested abnormalities, but did not pay attention to practical, nor officially informed risk,yw70yPsBg5, leading the prosecution is expected to complete check-fall,c49M30Olhb, the hospital when the bear fault liability.
Another focus that extends from the case are: how to protect and nurture the growth of sick children? Congenital disability disadvantaged children how it can be corrected? Way sick child is nothing more than three: First, the self-care of themselves. Family borne sick all treatment and upbringing of children, all economic and mental pressure borne by the parents of disabled children and himself alone, so, congenital disability disadvantaged children and families is likely to spread, trapping families in poverty; Second, the charity. Via online media or civil society organizations to intervene, selectively be tracked and assistance to individual cases, and then appeals to the public's sympathy and conscience, narrow paths and fragile, ten have one or two get help is very lucky, even more helpless Anxiety and injustice; Third, institutional assistance. Via a sound social assistance mechanism, there is a need to be together a special group of security and assistance, this is the best policy, but also the direction. Men are different, disadvantaged and disabled children because of their innate social competition beginning at the bottom of the chain; men are created equal, in a healthy social ecology,64RFdtYk2i, and when no one was excluded because of their different social community, abandonment. A level of civilized society, treats society keep its attitude and policies among the weak. Sick children grow up and dream should not become not shirk their family should not be entrusted to the public occasional compassion and mercy,uMpwuIS0Ab, but rather by a conventional system of relief, giving constant and reliable support.
Reporter's notes
Who can send him a seven-color flowers
Gavel falls, jurisprudence has discernment, non-clear hard to say?
China's one-child policy for parents to "check-ups" placed too high expectations on the "reproductive choice" extremely cautious, repeatedly weigh. However,Veqd1LlTL7, according to the National Birth Defects Monitoring data show that every year about a million 200000-30 visible congenital malformations born children, plus a few months after birth, and years before the apparent defects, congenital disabled children born each year up to 80 10,000 to 1,200,000,XTCOf8K4G4, accounting for 4% -6% of the total birth of the population each year.
Children are the future of the country, but these are children with disabilities, child welfare system raised new issues. Currently, you can see the high medical expenses so that these families put a heavy burden.
In the familiar "Rainbow Flower" story, the magical Rainbow Flower girl Jenny last petal torn, heal the suffering Tuiji boy Vega. In reality, however, who can give Lele a seven-tweed?
● Nanfang Daily Reporter correspondent Zhao Qiyu Rongming Chang Fan Zhen Huang Zhiqing
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發表於 2015-11-16 20:13:43
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