The husband had undergone a ligation surgery, but his wife was pregnant a year later. The hospital clearly said that the ligation surgery did not need to have contraceptives after three months. Why did the wife get pregnant again? Such a hospital also made a mistake?
This was a dispute over a medical damage responsibility in Xiamen. After the wife had a miscarriage, her husband brought the hospital to court.
Why did the wife get pregnant after ligation surgery?What responsibilities will the defendant’s hospital be in court?
In December 2019, Mr. Huang, who had been considering with his wife for a long time, finally decided to go to a hospital in Xiamen for ligation surgery. After the surgery, he paid more than 2,000 yuan in surgical costs.
After the operation, Mr. Huang conducted contraceptives within three months according to the requirements of the hospital, and there was no contraception after the rest.
Neither Mr. Huang and his wife did not expect that ligation surgery did not play a substantial role.One year after the ligation surgery, Mr. Huang’s wife checked her pregnancy in the hospital, which made Mr. Huang and his wife blank and angry.
Already have a ligation surgery, why are you still pregnant?
Because the difficulty of ligating men is less difficult than women’s ligation, and the pain is lighter. Mr. Huang, who is distressed by his wife to perform ligation surgery, is to prevent his wife from being harmed, but this accidental pregnancy undoubtedly gives Mr. Huang and his wife and his wife.Bring damage.
After the consideration of the family, Mr. Huang’s wife performed an artificial abortion surgery.
In March 2021, after the wife’s abortion surgery, Mr. Huang went to other hospitals to check his semen and checked that his sperm activity rate was as high as 60%.In April 2021, Mr. Huang went to a hospital examination for ligation surgery again and found that the sperm activity rate was 54.2%percent.
Such results show that if Mr. Huang and his wife do not take contraceptive measures, they still have a very high probability of pregnancy.
This makes Mr. Huang and his wife extremely angry, so what is the significance of them for this ligation surgery?Angry Mr. Huang brought the hospital to court.
During the trial of the case, the hospital stated that the doctor had clearly informed Mr. Huang that after the ligation surgery, it would take 3 to 6 months, and the sperm can be completely excreted after no less than ten times.It is not 100%. After surgery, it may naturally heal within two years.
But Mr. Huang said that at that time, he clearly remembered that the hospital only told him that he needed contraception within three months after surgery, and then there was no need to contraception, because he did not take contraceptive measures when he heard the hospital, which led to such an accident now.Essence
The hospital believes that it has fulfilled the obligation to inform, and has told Mr. Huang to Mr. Huang in the surgical knowledge consent.
However, when the court asked the hospital to provide the informed consent signed by Mr. Huang, the hospital did not know why, but failed to provide it.
In the end, the court infringed the health of Mr. Huang and his spouse, and asked the hospital to bear the infringement responsibility to Mr. Huang and his wife, fulfilling the obligations of compensation, and compensated the amount of more than 10,000 yuan in compensation.
The second instance of the Xiamen Intermediate People’s Court maintained the original judgment.
We know that after prescribing medicine and surgery for patients, medical staff generally inform the patients to the patients in order to avoid accidents. This is the obligation to fulfill the obligation to perform by the medical staff.
Regarding the obligation of the medical staff, my country’s "Civil Code" has clear regulations.
The Civil Code of our country divides the obligation to be divided into general explanation obligations and special explanation obligations, and the general explanation obligations involved in this case, that is, medical staff should inform patients to inform the patients’ precautions, treatment plans, consultations, consultations, consultations, consultationswait.
In this case, the two sides held their own words.The hospital stated that the doctor had fully informed Mr. Huang’s precautions and related risks, and Mr. Huang stated to the court that the hospital only told him that he could only contracence within three months, and the rest did not explain to him.
In cases related to the responsibility of medical damage, the consent of surgery is often the key to determining the responsibility, and it is also a file that the hospital should keep in the operation of the operation. The hospital should retain at least the consent of the surgery to prepare.
According to the law, the hospital should provide at least the informed consent of surgery, but the hospital cannot provide the court with the consent of surgery. There is no evidence to prove that it has fulfilled the obligation to inform.
my country’s "Civil Code" stipulates that the fault of medical institutions leads to damage to patients during the diagnosis and treatment, and the medical institution shall bear the corresponding compensation liability.
Because the hospital failed to fully fulfill the obligation to the informs, Mr. Huang and his wife did not take contraceptive measures. The wife was pregnant and eventually abortion. This caused the body and spirit of Mr. Huang and his wife.The right to health shall bear the liability for infringement.
Therefore, the court judged that the hospital’s judgment to compensate Mr. Huang and his wife was reasonable.
The hospital cure diseases and save people, and the patient wants to obtain health. The hospital’s informing obligation is closely related to the patient’s physical health. Therefore, the hospital should fully fulfill its informal obligations and inform the patients to the patients to protect the patient’s right to know the right to know the patient’s right to know.Essence
Seeing the audience friends here, everyone has not fully fulfilled the obligations of the hospital and caused the husband and wife to have a pregnancy abortion after ligation.Welcome everyone to discuss together!
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