A man in Guangzhou
On the grounds that the hospital had an induction of labor, he did not tell him.
It is believed that the hospital violates its fertility,
As a result, the relationship between the husband and wife broke down and filed a lawsuit in the court.
Does the behavior of the hospital constitute an infringement of the fertility of the husband?
Should you bear the liability for compensation?
The Guangzhou Intermediate People’s Court announced on February 22 that the second instance of the court maintained the first instance judgment and rejected Zhang’s claim.
Wife is losing his breath to be abortion
Husband sued the hospital
In this case, her husband Zhang complained that he was a legal husband and wife with Li. After the marriage, his wife was pregnant and felt upset due to pregnancy.The situation will illegally perform artificial termination of pregnancy surgery for the 25 weeks of pregnancy. As my husband, I do not know. "
Zhang said: "It was originally a contradiction between husband and wife. Due to the abortion of doctors and illegal people, my family contradictions deteriorated sharply. Finally, divorce ended. After many investigations, I finally found my wife who was pregnant for 25 weeks on November 25, 2015.The cost of implementing artificial termination of pregnancy surgery. Because the doctor’s illegal surgery is performed, the fetus is dead, and the family will break. "
Zhang believes that due to the doctors ‘illegal behavior and two divorce cases, the doctors’ illegal infringement of fertility leads to unintentional work, which brings endless calamities to the family.: The hospital compensates it for misunderstandings, car travel expenses, wedding expenses, fetal life costs, and mental losses, a total of 880,000 yuan.
A hospital in Guangzhou stated that Li went to the hospital to claim that he had a menopause for 26 weeks before pregnancy. He asked to terminate pregnancy.Preparation before surgery, detailed explanation and informing the possible risks and complications of induction of labor. After signing the informed consent, he performed the induction of labor on September 24, 2015. The operation was smooth.The hospital has the legal qualifications to terminate pregnancy surgery. Li himself and his mother have a clear attitude due to unmarried pregnancy requesting to terminate the pregnancy and do not violate the family planning policy.Under the premise of surgery, it is a legitimate behavior of performing duties, and there is no infringement.
The court found that the woman did not constitute the right to infringe the man’s fertility
Guangzhou Yuexiu District Court made a first trial judgment to reject all the lawsuit requests of the plaintiff Zhang.Zhang appealed to the Guangzhou Intermediate Court, and the Guangzhou Intermediate Court made a second trial judgment: rejected the appeal and maintained the original judgment.
The court found that Zhang and Li registered their marriage in January 2014.On September 21 of that year, his wife Li was accompanied by his mother to a hospital in Guangzhou to enter the hospital for termination of pregnancy.He was discharged on the 29th of the same month.His wife Li repeatedly sued her husband Zhang to ask for divorce. The court finally judged the divorce in December 2016.
The court pointed out that according to the provisions of the infringement liability law, in this case, a hospital in Guangzhou performed a legitimate behavior of protecting female citizens’ freedom of inferiority. It has legitimacy and does not have faults.
Regarding whether the hospital’s marriage status and inquiry to understand the problem of the fetal father’s condition. On the one hand, the evidence of this case is not enough to determine that the hospital is negligible to understand the relevant situation.As a reason, the hospital has advocated the responsibility for infringement that the hospital constituted wrongly, and the court in the second instance was not adopted.In addition, the court pointed out that there was no evidence in this case to confirm that Li was terminated for pregnancy based on the needs of the gender of the fetus. Zhang advocated the lack of reasonable basis for the hospital’s illegal implementation of gender artificial labor to terminate pregnancy.
According to this, the court confirmed that the Hospital of Traditional Chinese Medicine in this case for Li’s artificial termination of pregnancy surgery is a legitimate behavior that protects female citizens’ freedom of fertility. The appellant claims that the behavior illegally deprives its maternity and the right to live in the fetus.The court does not support it.
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Comprehensive from Jinyang.com, Guangzhou Intermediate People’s Court, etc.
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