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The reporter newspaper correspondent Tang Lin Jin new standard Huang Yanli
9 birth, including four B-, but did not diagnose birth defects. Angry mothers and their families under the hospital to court, aroused concern.
At 16 o'clock on July 8, Nanhai District, Foshan City, Guangdong Province People's Court in this case verdicts, judgments hospitals bear 20% liability, compensation for the loss of 88,549.4 yuan plaintiffs and pay 30,000 yuan for mental damages, totaling 118,549.4 yuan.
Case playback
Health check-unharmed but abnormal infants
April 21, 2010, just upgraded to a father, a mother Yung Hui Qi, Zeng Jing Xiu has suffered a major blow. They love to witness the crystallization - a baby boy born on a small blog left foot absent (medical term that refers to the missing part of the normal body should be). Small chi mothers because they can not accept this cruel fact, fainted on the spot.
It was the show static presentation, she was pregnant with the child until the age of 30, belong to older mothers,http://115.29.44.191/bbs/forum.php?mod=viewthread&tid=792478, so be careful. Since at October 12, 2009 to April 12,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, 2010 production date, she has nine times the defendant Foshan MCH prenatal system checks, including four times is B-ultrasound, the doctor did not tell the child may deformity.
The fact that the court also indicated that began in November 2009, the defendant had to show static hospital routine check-ups. In January 2010, in February, the fetus 25 weeks, 31 weeks of the two check-B-report, has displayed "remote display unsatisfactory" and "fetal limb due to fetal factors show is unclear."
Zeng Jing Xiu, said the doctor has no right B-objective assessment of the results of the analysis, there is no further inform patients of prenatal diagnosis. Before the show was quiet until last April 12 in labor, the hospital when their B-ultrasonic examination found that "unilateral lower limb leg dysplasia? Missing bottom of the foot?" At this point, the hospital had informed it will show static couples. This is like shaking thunder, so the couple suddenly did God. Because mothers give birth soon, quiet couple who choose to produce the show, after the baby is born and she "left foot absent." The Guangdong Hiromasa forensic clinical forensic identification, the baby part due to congenital absence of the left lower limb disability assessed as six.
Later, the couple and their families who show hit by static, insisting that the plaintiff two B-show "Remote Display unsatisfactory" or under "Display unclear",woolrich giacca uomo,http://bbs.90game.cn/forum.php?mod=viewthread&tid=7055718, the defendant hospital did not recommend it for further examination, there is no written inform the risk, there is a fault.
Plaintiff attorney also believes that sufficient technical strength defendant hospital in prenatal diagnosis of fetal existence "foot absence" defects, and therefore there is no fault in the clinic in the hospital, the plaintiff economic, spiritual caused serious damage.
Yung Hui Qi, who carries a small blog will show static Nanhai District of Foshan City, MCH to court together, claims disability compensation, mental damages, the follow-up treatment costs and prosthesis installation fees, the total amount of nearly 56 million yuan.
The defendant explained in his reply, the plaintiff left foot missing baby case of congenital malformations caused by behavior rather than the hospital's clinics, and therefore can not be the case the plaintiff infant plaintiff, the hospital did not cause the damage. Therefore, the defendant did not act in violation of statutory obligations, there is no fault, the plaintiff requested the court to dismiss the lawsuit.
Trial Watch
Heated debate informed choice
During the trial, the plaintiff and defendant on "The defendant did not effectively fulfill the obligation and duty of care violated the plaintiff what rights" in a fierce debate.
The plaintiff believes that Chinese law does not prohibit abortions, whether babies born parents right to choose. The plaintiff does not believe the fetus missing left foot caused by the behavior of the defendant's case, but the defendant in the whole process because there is no checkups for inspection in accordance with the relevant procedures to the detriment of the plaintiff's right to know in order to deprive the plaintiff, the plaintiff and the defendant, the baby's birth the existence of a direct causal relationship between the behavior of the defendant should bear the corresponding liability.
The defendant hospital believes that hospitals, clinics meet the medical standard, conventional, B ultrasound diagnosis by resolution of the instrument, pregnant women, shape, location of the placenta, fetal position, and many other factors, the rate can not be 100% accurate,nike air pas cher, clinical technical specification does not lack the foot such as in the range of B-to be diagnosed. Baby left foot absent plaintiff does not belong to the provincial health department physician prescribed severe deformities should be one of the six proposed termination of pregnancy, and therefore the defendant did not have the obligation to terminate the pregnancy comments made to the plaintiff parents.
The hospital also suggested that the lack of necessary conditions, such as one foot is not abortion, and what conditions must be specific provisions of abortion doctors to operate in accordance with industry standard specification is fulfilled responsibilities. Meanwhile,http://bbs.hdletgo.com/forum.php?mod=viewthread&tid=2795467, the value of this case there are still questions of life, even after 25 weeks diagnosed with left foot absent, nor should abortion, he was not highly defective children with disabilities or dementia, also will be valuable to the community, and can not therefore deprive his right to life. Meanwhile, the hospital representative expressed sympathy for the plaintiff suffered, hoping to use other forms Mianbozhili help plaintiff educational upbringing boy.
Surprisingly,http://bbs.superdata.com.cn/thread-15509-1-1.html, yes, because of the medical professional, the parties are in the medical profession book "prenatal ultrasound diagnosis of fetal malformation science" as evidence. Plaintiffs' lawyers pointed out that if the hospital in accordance with the scientific and standardized methods of operation, would be able to check out the soles of the feet are complete such a big problem.
The hospital argued that this, the plaintiff cited the example there are sweeping suspected,woolrich prezzi uomo, "professional book also states the lack of disability incidence rate of such babies foot ten thousandths, the detection rate was only about 30 percent." Therefore hospital for children with disabilities did anything wrong,moncler spaccio, should not bear any responsibility.
The court focus
A key forensic evidence
In order to understand the behavior of the existence of hospitals, clinics and medical mistakes proportion of the size of the fault, commissioned by the South China Sea district court Forensic Medical Center for medical mistakes were identified.
Expert opinion Display: B super has some limitations, can not check out all of the fetal malformations, the Guangdong Provincial Health Department, "Obstetric Ultrasound Technical Guide (Trial)" on fetal extremities diagnostic requirements are not specified. When the show was so quiet hospital were not immediately ultrasound diagnosis of fetal agenesis left foot did not violate health department regulations.
Identification of the book also pointed out that the existence of the medical side of the distal limb fetus may exist absent without earnestly fulfill the obligations of duty of care and medical wrongdoing. Given the behavior of the defendant medical mistakes mentioned above, the proposed degree of responsibility involved in 10-20%. Missing children in the case of children left foot caused by abnormal development itself, is not sufficient absent on medical termination of pregnancy absolute indications, foot absence of children born with the medical side of medical practice no causal relationship.
Reporters learned that, when the trial cross-examination of forensic books, plaintiff accreditation bodies to confirm the defendant did not effectively fulfill the obligation and duty of care to acknowledge, but that although the Ministry of Health regulation only provides six kinds of lethal fetal malformations range,site jordan pas cher, but can not as a defendant exempt contractual obligations to reduce grounds defendant responsibility, otherwise the patient spent a huge amount of medical expenses the fundamental purpose of the contract can not be achieved.
Responsibility for the part of the defendant hospitals accredited forensic submissions identified the defendant is not at fault,giubbotto woolrich prezzo, the book is recommended for forensic hospital, said 10 percent of the liability recognized, but its existence defendant said, "not informed" is not to agree, because doctors at the last B birth deformity before the timeout has told the facts, then the plaintiff parents can choose to terminate the pregnancy, the plaintiff parents are in complete understanding of fetal malformations may consent childbirth.
After three public hearings, Nanhai District Court of First Instance adopted a "medical fault identification submissions" Southern Medical Forensic Center made the responsibility of the fault identification and recommendations degree, approved three plaintiff's losses include disability compensation, total prosthesis installation fee 442,747 yuan, 20 percent of the defendant to bear the liability that is 88,549.4 yuan,tn air, to pay the plaintiff 30,000 yuan for mental damages, totaling 118,549.4 yuan.
Judges say
Medical limitations is not a reason
After the verdicts, the case to the trial judge Shumei "Legal Daily" reporters a detailed description of the reasons for the sentence: "The defendant hospital on whether damages should bear responsibility for compensation in this case, we believe that hospitals should respect the rights of pregnant women informed choice,woolrich travel jacket, even the existence of medical limitations and risks, and should truthfully analyze medical risks to pregnant women, to fulfill this obligation. "
Shumei said the court ordered the hospital to bear 20 percent responsibility, the main consideration of three factors:
The purpose of the first, the plaintiff had performed prenatal static show at the defendant in order to understand the growth and development of the fetus in order to take reasonable measures for prenatal care or the decision to terminate the pregnancy. Zeng Jing show the fetus has a right to know the situation and reproductive choices.
Secondly,http://moodle.ndna.org.uk/login/index.php?item/create_form/1, according to the expert opinion of medical fault identification submissions made by the Southern Medical Forensic Center, there is the case of the defendant distal fetus may not exist in absence of effective implementation of the obligations of duty of care and medical wrongdoing, the objective violation the plaintiff has the right to know the show a couple of static and reproductive choice before birth, and added three plaintiffs in the future treatment of property and emotional burden on nursing infants born objective.
Finally, the baby's left foot abnormalities caused by the lack of case itself is not directly caused by the fault of the defendant, the defendant should bear full responsibility. Therefore, the court based on the actual circumstances of the case, and with reference to the recommendations of the expert opinion of responsibility, at the discretion of the defendant should bear 20% of the liability.
In addition, because the baby was born indeed absent left foot to the plaintiff to bring the spirit of great suffering, so the defendant should be given the spirit of solatium. According to the actual situation in the present case, the court ultimately at the discretion of the spirit of solatium for 30,000 yuan.
Italian case
Of a simple division of responsibilities
Here ignited Guangdong "Foshan check-gate" case just settled on the other side of the same city, but also a 9 birth, but also a mother, because of a lack of neonatal congenital kidney, while the women and children, Foshan City Care homes sue Foshan City People's Court of the court.
According to relevant survey results,http://bbs.90game.cn/forum.php?mod=viewthread&tid=7064055, the high incidence of birth defects, shocking. There are 800,000 to 1,woolrich prezzi uomo,200,air jordan pas cher pour enfant,000 per year of birth defects in children, on average every 30 seconds there is a defective child is born, to the entire heavy burden on society and family. Insiders pointed out that, on prenatal care, if the hospital again strengths responsibility, parents and then carefully point, some of the tragedy could have been avoided.
The price of a three-dimensional ultrasound at around 400 yuan, in sharp contrast to the hospital between high fees and low service, allowing the public to vent their discontent in the hospital body. From general directly reflect the public point of view,http://aapnnihotel.in/yabb/YaBB.pl?num=1413779169/0#0, the emergence of the dispute is simply absurd: "9 birth, four times a B-actually see the fetus missing foot?" National vigorously encourage birth, whose purpose is to promote prenatal and postnatal care, Let parents have informed the status of the fetus and the right to choose. In the B-mature technology, the next routine check-measures, still did not prevent the birth of a defective child, it is indeed worthy of reflection.
Reporters noted that the South China Sea MCH had informed column printed once static ultrasound reports show the following text: "subject to existing medical conditions, there are some limitations of the current ultrasound." In some medical malpractice, the technical limitations often become responsible missing subterfuge.
Guangdong town lawyer Li believes that this can not be a reason for the hospital declared unconditional exemption. To guard against this behavior becomes malpractice exculpatory "protection." Tentatively to not ask the public whether right or wrong, but the hospital did not and will not to shirk responsibility for their own negligence must be introspective. Hospitals in the pursuit of economic efficiency, to afford more social responsibility. Therefore, the court determined the hospital bear some responsibility, aimed warned hospitals must make their responsibility.
We should also look back at an angle to the dispute.
During the trial, the hospital's legal representatives, B-director Shumou was mentioned in the debate: "B super technology affected by many factors, diagnostic accuracy is impossible to achieve 100% it is science.." Then she disease Call: "The doctor is not God,nike air max requin, but also the people and now you (the patient) to us (the doctor) when God, to do 100 percent, it does not meet our medical science (B Ultra) can only be responsible for what he saw,. do not see can only say did not see, can not speculate. "
This heated debate, we passed out from the side to two messages: first, the doctor-patient relationship into the anxious state of tension; Second, the development of medicine the doctor-patient relationship may be strained impact. Tentatively regardless Yuzhu Ren's statements are correct, but she reminds us: Patients have to respect science. According to the existing medical condition can judge, the hospital's obligation to make the appropriate judgment; but by medical doctors can not reach 100% level restrictions, we have to respect the objective science. Otherwise it may appear reluctant to make judgments when medical treatment, the situation is unwilling to risk, which is the development of medicine and patient health are unfavorable.
A good division of responsibilities, not only can effectively protect the rights of patients,basket tn pas cher, but also to urge doctors to improve their medical practices. Neither the right to unlimited expansion of the patients, doctors can not increase indefinitely responsibility. The verdict by the division of responsibilities to seek the best balance the interests of both.