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RecentDuring the incident, the husband had a ligation surgery, but still caused his wife to be pregnant.
Mr. Liu had undergone vascular ligation surgery in a hospital in December 2019 and spent more than 2,000 yuan.However, a year later, Mr. Liu’s wife was found to be pregnant.To this end, the husband and wife jointly sued the hospital, demanding compensation, and claiming that the hospital did not notify his obligations.
The hospital stated that after surgery, Mr. Liu was clearly informed that Mr. Liu was required to discharge semen 3 to 6 months after surgery, and it took about 10 ejaculation to achieve contraceptive effects.The hospital also pointed out that the efficiency of ligation and ligation is not 100 %, and it may be recovered naturally in two years.However, the hospital failed to provide the informed consent signed by Mr. Liu, which could not prove that it had fulfilled his obligation.
According to the trial, the hospital believed that the hospital failed to inform the obligation and failed to provide the informed consent signed by Mr. Liu as evidence.As Mr. Liu did not take contraceptive measures, his wife was pregnant and carried out artificial abortion. The court believed that the hospital infringed the right to the health of the couple and should bear the corresponding compensation liability.In the end, the hospital made a first trial judgment, asking the hospital to compensate Mr. Liu 4947.68 yuan and compensate Mr. Liu’s spouse of 9718.32 yuan.
This case of medical damage liability disputes involves the hospital’s informal obligation and surgical effects.First of all, the hospital should fully inform patients related risks and precautions before surgery, and obtain the signing of informed consent.Hospital’s professional knowledge and information are the basis for patients to make reasonable decisions.Secondly, patients also have the responsibility to read, understand, and abide by the content provided by the hospital, and take necessary measures to protect their rights and interests in a timely manner.
For husbands and wives, contraceptive measures after ligation are crucial.Although the hospital informed the time and number of semen after surgery, the couple failed to understand and take corresponding contraceptive measures, which led to unexpected pregnancy.In this case, although the hospital also mentioned the efficiency of not 100 % of the operation, it should still bear the corresponding responsibility.
For medical institutions, it is very important to fully inform patients, ensure the understanding of patients, and provide a prompting consent.This will help institutions to establish a good foundation and communication foundation, while also improving service quality and patient satisfaction.For patients, it is necessary to maintain great attention to their own health issues, and take the initiative to understand the medical plan and surgical effects to ensure that their rights and interests are protected.
