Husband did a ligation and tricky
The spouse was pregnant a year later
The court was sentenced
The Huli District Court released like this
Disputes of medical damage liability
A couple are not satisfied with the effect of the opponent
At the same time, I believe that the hospital failed to inform the obligation
Co -prosecution hospital
What is going on?
Lets come look
After a year of ligation, the wife was pregnant
It turned out, December 2019
Mr. Liu (a pseudonym) in a hospital in Xiamen
Perform viaing tubal ligation surgery
Cost more than 2,000 yuan
Mr. Liu’s wife was found to be pregnant
Mr. Liu’s wife implements labor abortion
Mr. Liu went to other hospitals to check semen
Sperm activity rate is 60%
His hospitals that perform ligation surgery are checked again
Sperm activity rate is 54.2%
Mr. Liu said
The hospital only tells him
Need for contraception within 3 months after surgery
No longer needed anymore
Such an accident
He has hurt yourself and his wife
The hospital should be liable for compensation
During the trial of the case, the hospital stated that Mr. Liu was reviewed in May 2020, when the report showed that semen was retained.To this end, the doctor clearly informed Mr. Liu that it would take 3 to 6 months and 10 times to complete the excitement.The hospital also stated that the ligation surgery for Mr. Liu is not 100 % efficient, and naturally healing may occur in two years after the operation.
Although the hospital believes that it has fully inform Mr. Liu’s relevant risks and precautions for surgery, the hospital has failed to provide Mr. Liu’s informed consent.
Therefore, the Huli District Court heard that at least the hospital should retain at least surgical knowledge consent for investigation. The evidence of the case cannot prove that the hospital has fulfilled the obligation to inform.Because the hospital failed to inform the obligation, Mr. Liu did not take contraceptive measures, which led to the pregnancy of his spouse and manual abortion. The hospital infringed the health of Mr. Liu and his spouse, and he should bear the liability of infringement.
The court made a first trial judgment
The hospital is required to compensate Mr. Liu at 4947.68 yuan
Compensation from Mr. Liu’s spouse 9718.32 yuan
I found on the Internet and found on the Internet
It was not the first time in Xiamen
The husband ligated twice, and his wife was pregnant!
According to Mr. Li, a citizen of Xiamen, on August 30, 2018, he performed the first "Volume Tube Tied" ligation operation at a hospital in Xiamen. After a month, he found that there were still sperm existence.The hospital performed a second ligation.The doctor responsible for the two operations also said that the second operation was "tube cutting+electric burning". The most secure. There is no need to do sperm examination, so there is no sperm examination after surgery.
However, October 18, 2019
Mr. Li found that his wife was pregnant
Suspect is the second operation and it has not succeeded
So I went to other hospitals the next day
It turned out that there were still sperm existence
In order to further verify the results of the operation
He came to the hospital that had previously underwritten surgery
I did sperm examination again
The results show that there are still sperm existence
Loeling surgery is extremely common and simple small surgery. The failure of two consecutive operations is a medical fault. The hospital should compensate my related losses."
October 28, 2019
He proposed to a hospital in Xiamen
Including medical expenses, misunderstanding,
Nutrition costs, mental loss fees, etc.
A total of 51038.84 yuan compensation
Li Zhongan, a lawyer of Beijing China Bank of China (Xiamen) Law Firm, suggested that Mr. Li can mediate with a hospital in Xiamen. If the mediation cannot be done, you can apply for mediation with the Xiamen doctor -patient dispute mediation committee;litigation.
all in all
Loel ligation surgery is not foolproof
Try to adopt reliable contraceptive methods
OR correctly use condoms
Herald reporter Chen Jie Correspondent Hufa
Comprehensive Xiamen.com, network, etc.
Straits Herald WeChat (ID HXDBWX) Integrated Editor
Source: Straits Herald