Recently, a case of medical damage liability disputes was tried in the Court of Lake District, Xiamen, Fujian.A man had a ligation surgery in a hospital, but a year later, his wife was unexpectedly pregnant.After the court trial, the hospital was finally determined that there was a fault in the hospital. It shall bear the liability for infringement and compensate the man of 14,000 yuan.This case has aroused widespread attention and discussion of all sectors of society.
It is reported that the plaintiff man had a ligation surgery at the defendant hospital in 2019.After the operation, the hospital issued a ligation certificate and informed the man’s ligation.However, in 2020, the man’s wife found that he was pregnant.After inspection, it was confirmed that it was a man’s biological child.The man was very shocked and puzzled by this. He believed that the hospital had improper operation or omissions during the operation, which led to ligation failure.Therefore, he prosecuted the hospital to the court, asking him to compensate for the spiritual damage of relief, misunderstanding, and transportation expenses, a total of 27,000 yuan.
The defendant hospital argued that he had fully notified and explained the man before surgery, and obtained the consent of the man.After the operation, the hospital also stated the ligation certificate in accordance with regulations, and reviewed and guided the man.The hospital believes that it has fulfilled a reasonable diagnosis and treatment obligation and attention obligations, and there is no fault.At the same time, the hospital also proposed that ligation surgery is not a 100 % effective contraceptive method, and there is a certain failure rate.Therefore, hospitals should not bear the liability for infringement.
After the court trial, the final judgment was as follows: 1. The defendant hospital shall compensate the plaintiff men’s mental damage of 10,000 yuan; 2. The defendant hospital shall compensate the plaintiff for a misrepresented fee of 3,000 yuan; 3.400 yuan; 4. Rejected the plaintiff’s other litigation requests.
The court believes that as a medical institution, the defendant hospital should ensure the safety and effectiveness of the surgery when providing ligation surgery services for the plaintiff men, and is responsible for the surgical results.In this case, although the defendant hospital obtained the consent of the plaintiff man and issued a ligation certificate, it did not provide sufficient evidence to prove that it had no improper operation or omissions during the operation.Therefore, the defendant’s hospital cannot be exempted from its infringement liability for damage to the plaintiff men.
At the same time, the court also considers the plaintiff men’s voluntary choice when receiving ligation surgery, not because of fertility policies or other coercive reasons.Therefore, when determining the amount of compensation, the court referred to the relevant judicial interpretation and cases, and comprehensively considered the fault, damage consequences, and social fairness of the two parties, and finally determined that the defendant’s hospital should compensate the plaintiff’s man of 14,000 yuan.
This case allows us to see the medical institutions and medical staff should bear the social responsibility when providing medical services.The hospital should strengthen the management and training of medical staff to improve the quality and safety level of medical services.At the same time, the government and the public should also work together to strengthen the supervision and support of medical institutions, and provide patients with safer and better medical services for patients.Only in this way can we truly protect everyone’s life safety and health rights.
