Yangtze Evening News Network, July 9 (Correspondent Xu Faxuan reporter Yu Yingjie) Ms. Zhao of Xuzhou was performed bilateral fallopian tube ligation in the hospital for delivery.In the second year, she found that she was pregnant and gave birth to a baby girl, and she had congenital heart disease after diagnosis.Ms. Zhao complained to the court on the grounds that the hospital ligation surgery failed to sterilize and asked the hospital to compensate her and daughter’s medical expenses and spiritual comfort for more than 80,000 yuan.
Six years have passed.At that time, Ms. Zhao was hospitalized at a local hospital and performed a caesarean section on the same day.While the hospital performed a caesarean section, at the request of Ms. Zhao’s husband, the "bilateral fallopian tube ligation" was performed.
Later, Ms. Zhao found that she was pregnant again during breastfeeding, but it had been more than 24 weeks, and she could no longer induce labor due to physical conditions.Later, Ms. Zhao produced a baby girl, but was diagnosed with newborn pneumonia, neonatal hypoxia ischemic encephalopathy, respiratory failure type II and room septal defects.Ms. Zhao believes that the hospital’s ligation surgery has not played a sterilization role, causing her to get pregnant again and lead her daughter to suffer from heart disease.10,000 yuan, totaling 82519.84 yuan.
The hospital argued that according to the authority of gynecological authority, the recovery rate after the fallopian tubal ligation during puerperium was between 0.2%and 2%.Therefore, Ms. Zhao still has the possibility of re -pregnancy after the patient’s fallup and egg ligation.Ms. Zhao advocated that she had discovered that she had been pregnant for 24 weeks and could not induce labor due to physical reasons. The proposition did not meet the medical routine.
At each stage of pregnancy, if pregnant women suffer from diseases that are not suitable for pregnancy, they should terminate pregnancy in order to protect their mother’s health.If there is no induction of labor, pregnant women cannot withstand their pregnancy, let alone a full monthly production or even cesarean section.The dispute between the two parties should exist during the first operation. The medical behavior of the hospital has no causal relationship with the child’s congenital heart disease.
According to the court, if the patient was damaged during the diagnosis and treatment activities, and the medical institution and his medical staff had fault, the medical institutions were liable for compensation.In this case, Ms. Zhao requested sterilization when she undergone cesarean section surgery at the hospital. The hospital implemented the corresponding operation and clearly stated that the matters that needed to be noticed were stated in the discharged doctor’s order and had fulfilled the informal obligation.
Ms. Zhao had had children before, and her proposition that she knew about pregnancy after 24 weeks of pregnancy did not match the common sense of life. Ms. Zhao’s daughter was sick and the hospital’s diagnosis and treatment did not have the cause and effect.The medical expenses caused by the hospital and the medical expenses incurred by the treatment of baby girls were not supported.
However, from the perspective of the medical service contract, as the party providing medical services, the surgery performed did not achieve the purpose of Ms. Zhao, and the cost of the relevant surgery should be refunded from Ms. Zhao.Ms. Zhao did suffer from spiritual pain in the process of knowing her female illness and treatment.
In the end, the court judged that the hospital refunded Ms. Zhao’s bilateral fallopian tubal ligation costs of 3,000 yuan and the payment of mental damage to 2,000 yuan, rejected Ms. Zhao’s other litigation requests.
The hospital fulfills the obligation of informing and does not make any fault
When Ms. Zhao was discharged from the hospital, the hospital was clearly stated that the matters that needed attention to cesarean section and ligation surgery were clearly stated that the obligation to inform was fulfilled in the discharged doctor’s order, and there was no fault in the hospital.
"As a mother who has had two children, Ms. Zhao advocated that she knew only when she was six months pregnant, which was contrary to the common sense of life." The judge believed that she continued to be pregnant without contacting the hospital until production was not contrary to production, which was also contrary to her.The doctor’s order when he was discharged.
Therefore, from the perspective of the contract, the hospital only assumed the fact that ligatory surgery failed to play a factual sterilization effect.Considering that the baby girl suffered from congenital heart disease, it did give Ms. Zhao’s family who assumed a lot of mental pain and psychological pressure, the court supported Ms. Zhao’s request for some mental damage.(The parties in the text are the name of the person)