Recently, a case released by the Xiamen Lake Court in Fujian has attracted the attention of netizens.Huang (a pseudonym) was ligated in a vast tube in a hospital in Xiamen, which cost more than 2,000 yuan in surgery.Unexpectedly, a year later, Huang’s wife was found to be pregnant. After consideration, Huang’s wife implemented an artificial abortion.Huang said that the hospital only told him that he needed contraception within 3 months after the operation, and no longer needed.Now that such an accident has occurred, it will undoubtedly bring harm to his wife and himself, and the hospital should bear the liability for compensation.
During the trial of the case, the hospital explained that Huang was reviewed in May 2020, when the report showed that semen was retained.For this reason, the doctor clearly told Huang that it would need 3 to 6 months and 10 times to complete the excitement.The hospital also stated that the ligation surgery for Huang was not 100 % efficient, and naturally healed naturally after two years after the operation.
Although the hospital believes that Huang has fully informed the relevant risks and precautions of the operation, he failed to provide Huang’s signed informed consent.
The Huli Court of Court held that the hospital should have at least retained surgical knowledge consent. The current evidence of the case cannot prove that the hospital has fulfilled the obligations of the notification.Because the hospital failed to inform the obligation, Huang did not take contraceptive measures, causing the spouse to be pregnant and carried out artificial abortion. The hospital infringed the health of Huang and his spouse, and should bear the liability for infringement.
In the end, the court confirmed the loss of medical expenses and misunderstandings of Huang and his wife. In the end, the hospital was determined that the hospital compensated Huang to 4947.68 yuan; the spouse of Huang was compensated 9718.32 yuan.A few days ago, the case was maintained by the second instance of the Xiamen Intermediate People’s Court, and the judgment has come into effect.
Many families have ligments, because some may not be suitable for physical problems, and there are already children who already have children. If they don’t want to regenerate, they decide to ligate.After all, it is safer after ligation, and it will not cause great harm to the human body, but this is also unsafe when this is not safe. So what is the standard for compensation for pregnancy after ligation?
What are the compensation criteria for pregnancy after ligation
1. In terms of civil litigation law, there are problems with the ligation surgery, that is, there is a fault in the hospital that is based on the procedures for ligation, and the corresponding compensation liability shall be assumed in accordance with the law.However, the responsibility of obtaining evidence is difficult. One is that the fetus must do DAN identification, which also proves that the ligation man does.Otherwise, the people’s court will not support it.
2. After ligation, you can ask for compensation. You can directly sue to the court to ask the hospital to bear the liability for compensation, which is a category of medical damage.If the state compensation is the main way to pay compensation, those who can return property or restore the original state shall be returned to property or restore the original state.
Comprehensive from Guangming.com, Mom.com
