Lying-in woman Ultrasonography B 4 times has not detected foetuses to lack the left foot The hospital is sentenced to and takes on twenty percent of responsibility

Lying-in woman Ultrasonography B 4 times has not detected foetuses to lack the left foot The hospital is sentenced to and takes on twenty percent of responsibility
Produce and examine Ultrasonography B 4 times among them and fail to detect the deformity, tell in 7 hours foetuses did not have left foot before being born in 9 times, should the hospital bear responsibility? Will it be 30 past 9 October 24, this piece sad to like, hand over to China and Canada come 1 year old half boy of this world in family - -Beibei (assumed name) ,Walk haltingly and study the step outside the intermediate people's court of city tries the court in Foshan in orthopaedic the intersection of foot and tube. In the court, the dispute final judgement of medical compensation for damage closely related to his destiny has been just read out. The intermediate court of Foshan thinks the healthcare hospital for women children of the South China Sea of judgement of people's court of south sea area bears 20% of the compensation responsibility and acts as all without exception, reject the appeal of Beibei and his parents, uphold decision. Do not just make a definite diagnosis of foetus' deformity until 7 hours before the details of the case is returned and born in Will it be August 2009, Foshan the intersection of city and south zeng, resident of sea area, oneself getting pregnant discovery have, she and the intersection of husband and age pass 30 already, wish, come child at last, naturally is very much glad. From November 12 of the same year, she began to " build the card " in the south sea area healthcare hospital for women children Carry on the regular inspection before production. Produce it by April 12, 2010, it is checked antenatally for 9 times systematically in institute of this health care that zeng will cost altogether, among them there is Ultrasonography B 4 times. Until she serious to make a definite diagnosis of foetus deformity finally in hospital before producing, "left foot scarce like " . This news such as bolt from the blue, has hit whole family muddily. Some choices of agony, zeng and husband hold some to feel that has already had no option. 7 hours later, Beibei was born. Zeng sees at the first sight, it is the child that has lacked the left leg of the foot! After Beibei was born in 3 months, its parents thought because the hospital made a diagnosis the behavior had fault to cause the child's health right to be encroached on seriously, namely lodge a complaint against healthcare hospital for women children of south sea area in the name of Beibei, demand to compensate for several losses such as wounded or disabled damages and total more than 730,000 yuan. Because involve the medical professional technique, the south sea area court trusts the southern judicial expertise centre of medical university to appraise the medical fault to the medical behavior of this case in trying. Until judicial expertise and 3 of going through open a court session, the court, according to determining the opinion, it if results from one's own development to think Beibei's left foot scarce, it is not the defendant's fault that causes directly; The defendant has medical fault behaviors, have infringed plaintiff zeng and held some right of being in know and right to choose of parenting before the foetus was born in objectively, the south sea area healthcare hospital for women children of the judgement bears 20% of the compensation responsibility, and the spirit of bearing the plaintiff damages and conciliates 30,000 yuan of gold, total 118,000 yuan. After the pronouncement of the first instance, the plaintiff refuses to obey and lodges a appeal. The grounds of appeal one are that the hospital have serious noncompliances, the right that and infringe the patient's right of agreeing in the know and raise healthier, better educated children; Second, the hospital should bear complete compensation responsibility; Third, Beibei and his parents do not have any fault, should not bear responsibility. Appellee's south sea area healthcare hospital for women children replies and claims, according to the present medical diagnosis norm, check foetus' limbs to carry, lack far like not belonging to the range that must be diagnosed in Ultrasonography B, the school should not bear responsibility in this case. Whether one of the focuses hospital stores in the intermediate court of Foshan of the fault and tries thinking, though has not violated relevant rule and medical science of medical department to make a diagnosis regularly to require in medical behavior of the healthcare hospital for women children of the South China Sea, but it has not tried due carefulness and care in carrying on the ultrasonic inspection to the patient, existing has not fulfilled the attention obligation and told the fault of the obligation conscientiously. Chief Judge Jiao Yan shows this case, the current relevant related file attachment 2 of " pre-natal diagnosis technical management implementing regulation of department of public health of Guangdong Province " <>It is the supersound of obstetrical department of Guangdong Province that checks technological guide and training standard that should be followed, whether the medical behavior of confirming this case involves in accords with medical science and makes a diagnosis the directness of the requirement is accorded with. Should check out foetus' odd-shaped many kinds of situations while listing the supersound in guide, the foot in this case lacks like not belonging to the odd-shaped range that should be checked out. The healthcare hospital for women children of the South China Sea is to in zeng's ultrasonic inspection of three-dimension on January 11, 2010, upper arm bone, one chi of radiuses, femur, tibiofibular checking foetus' four limbs, and notice " Four limbs carry and reveal that owe the ideal far " ,Pay attention to and brief in the ultrasonic report on " Propose following the trail of and reexamining " ,Accord with the demands for guide. And the healthcare hospital for women children of the South China Sea is to in late pregnant black-and-white ultrasonic inspection in zeng's regular obstetrical department on February 26, 2010, check four limbs to think " Limb can not reveal clearly because of the factor of position of a foetus on one side of foetus " ,With the guide " sometimes because the position of a foetus, amniotic fluid are few, influence of parent's factor, the supersound can not well reveal the structure while checking " Explain and agree. Jiao Yan shows, the healthcare hospital for women children of the South China Sea is regarded as the professional medical organization engaged in health service of mother and baby at the same time, besides should find the deformity of foetus that the laws and regulations enumerate ing, the situation to having foetus' abnormal development to suspect, attention that must be prudent. In the this case, the South China Sea healthcare hospital for women children, in above-mentioned two inspection, check, brief on " dual the intersection of side and upper arm, forearm, dual the intersection of side and thigh, shank long bone can reveal respectively, carry and reveal that owes the ideal far " Until " whether the intersection of foetus and the intersection of one side and limb reveal clearly because of the intersection of position of a foetus and factor " . Under being at this for situation,it might have limb who carry and lack foetus far the South China Sea healthcare hospital for women children if risk last enough concern, not telling a patient the medical risk that the foetus may exist in time, cause the patient to miss " following the trail of and reexamining " in time The opportunity of foetus' growth situation, storing in has not fulfilled and noticed the obligation and told the fault of the obligation conscientiously. Focus how much responsibility second of hospital should bear then, hospital should what responsibility of proportion does it bear? "In fulfil, notice and tell in the range of obligation to damage consequence bear corresponding fault responsibility conscientiously. " Jiao Yan says to " Jurisprudence Daily " reporter. The intermediate court of Foshan thinks, the hospital examines checking the standard of the obligation should accommodate medical engineering level at that time. Check a kind of important inspection means that is the antenatal foetus' state in supersound, but it is limited, under the existing medical engineering level, can't check the all foetuses deformity out. The medical behavior that the healthcare hospital for women children of the South China Sea implements has not infringed the provisions of laws and regulations, can only bear corresponding fault responsibility in damaging the consequence in their has not fulfilled and noticed the obligation and told the range of the obligation conscientiously. So, the first trial court combines the actual conditions of this case, the medical fault provided according to the southern judicial expertise centre of medical university determines the opinion book is asserted " to hold some left foot scarcely if result from infant's one's own abnormal development, the foot lacks if the infant's birth and medical behavior of hospital have no causality, in view of hospital's above-mentioned medical fault behavior, propose responsibility participates in degree as 10% to 20% " Opinion,is it with 20% to last the South China Sea healthcare hospital for women children compensation responsibility and be acted as all without exception. Continue and hold the second instance of this case Front yard carry on after the live court's trial, Foshan city intermediate court a little rich to announce, two it tries to be book through official side right away pronounce, in today. The relevant persons in charge of intermediate court of Foshan say to " Jurisprudence Daily " reporter, " produces and examines the door " like the South China Sea This kind of society pays close attention to one degree of a high ones case, utilize a little this rich new developing media way, it is the effective way with open administration of justice that it is relevant to disclose and try information in time. Time: October 24 Monday Place: Intermediate people's court of Foshan of Guangdong Province Court's trial focus: The hospital has fault, what responsibility should bear Witness: The intersection of staff reporter and Xin Deng build the intersection of chastity and yellow will Fan, reporter of this newspaper, celebrate

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