For medical professionals for reading reference
The focus of the dispute is whether the two children of the patient died after childbirth or were born at birth.
Incident review
Ms. Liu (29 years old) is pregnant through auxiliary fertility technology. In the postoperative palace pregnancy, her twins survive.
At about 8.35 am on the day of the incident, Ms. Liu went to the Municipal Women’s Institute for four -dimensional B -ultrasound. The fetal location did not show during the examination.At about 26 minutes, leave the inspection room.
During this period, the patient found slight bleeding when urinating. After taking a rest for about half an hour, he entered the observation room and continued to check. The second color Doppler ultrasound examination was about 30 minutes. After the examination, the patient walked out of the inspection room.Medical staff did not contact the attending doctor in time and guide patients for emergency treatment as soon as possible.At 13:16, the patient went through the admission procedures at the Municipal Women’s Institute. The admission was diagnosed with 22 weeks of pregnancy, vaginal bleeding with abdominal pain for 2 hours; advanced omen abortion; twin;The possibility of informing the treatment of fetal failure, intrauterine infection, and abortion in the treatment process.
At about 15:50 the next day, the patient had a large number of vaginal discharge after coughing, and a fetus was given after childbirth. The doctor told the patient that this was an inevitable miscarriage and the fetus was unparalleled.Development and maturity cannot survive at the current domestic medical level. Patients and family members insist on preserving the second fetus, and the signature confirmation of the category record is inevitable.
After that, the doctor sent the patient to the birth of the house to keep the fetus for delivery. The patient gave birth to a child at 17:10 on the same day. When he was born, the Aya Relica was divided into 1 point and died at 17:25.The patient was discharged from the hospital 3 days later, and the discharge diagnosis was inevitable.The Judicial Appraisal Center entrusted the Judicial Appraisal Center of the Municipal Medicine Dispute Disputes Center to conduct an appraisal. The judicial appraisal opinion believes that the medical party’s clinical value of the four -dimensional color Doppler ultrasound of the pregnancy is insufficient.Symptoms, if the patient has incomplete cervical function, it can also induce the occurrence of threatened abortion. Ultrasound doctors have not actively contacted the scerm or guided patients for emergency fetal treatment after the patient occurs.In addition, after the patient was hospitalized, the doctor did not actively analyze the possible cause, nor did he actively conduct a regular internal diagnosis of internal vaginal diagnosis.The treatment of cervical seam tie operation is not standardized for the treatment of signs of abortion, the obligation of prevention and careful attention of the medical prescription has not fulfilled the adverse consequences, and there is a fault. There is a causal relationship with the patient’s miscarriage.%-60%.
Judgment result
Patients believe that the twin 4D color Doppler ultrasound inspections were conducted in the Municipal Women’s Institute. Because their working members continued to prescribe for a long time, they caused severe bleeding, causing two fetuses to give birth in advance, and then did not take positive rescue measures, causing two children to die.The Women’s Insurance Council compensated 60%of the economic losses such as the death compensation of the two children, totaling more than 1.5 million yuan.
After the patient sued the court, he withdrew himself, and then re -prosecuted to the court.The court of first instance believes that according to the appraisal opinion, the Municipal Women’s Institute should have a more prudent obligation to pay more cautious attention than other pregnant women when they know that the patient knows that the patient is pregnant and pregnancy.When the symptoms of abdominal pain bleeding after color Doppler ultrasound, the city’s women’s insurance hospital did not timely protect the patient’s first aid tire due to the handover shift at noon.There are faults of the obligation of prevention of consequences and prudent attention obligations, and there is a causal relationship with the medical consequences of the medical side and the abortion of the patient.
In the first fetus of childbirth, the Municipal Women’s Institute informed the patient that the fetus was an unparalleled child, and the patient signed and approved in the course of the disease.The second child was rescued after fifteen minutes, and the Aya review was divided into 1 point, which is a certain vitality to get rid of the mother’s fashion and can breathe independently. It meets the two requirements of "birth".Baby babies should calculate the compensation and funeral expenses of death, and judge the municipal women’s insurance house to compensate the affected party by more than 260,000 yuan.Both medical and affected parties were dissatisfied with the verdict, and the court of the second instance judged the appeal and maintained the original judgment.
Claim
The focus of the controversy in this case is whether the two children of the patient died after childbirth or when they were born as a death. The dispute was directly related to whether they could claim death compensation.
The Civil Code clearly stipulates that when natural people have died from birth, they have civil rights capabilities, enjoy civil rights in accordance with the law, and bear civil obligations.If the fetus is protected by the inheritance of the inheritance and accepting gifts, the fetus is deemed to have civil rights.However, the fetus is dead during delivery, and its civil rights capacity does not exist from the beginning.It can be seen that the qualifications of civil subjects from natural persons start from birth, which means that the fetus does not have other civil rights such as health and personality in addition to enjoying the right of inheritance.In this case, if the two children died before childbirth, as a fetus, there was no independent life, no civil rights capacity, and the affected party could not claim death compensation.However, as part of the mother, the fetus is damaged by the infringement of the maternal health right. Patients can claim compensation for mental damage.
If the two children die after birth, then they already have civil rights capabilities at birth.That is, as long as the fetus can be used to survive independently after leaving the mother’s body, it can be identified as "birth", which has civil rights capabilities and is a natural person in the legal sense.Profit related compensation.
According to the course record of the Municipal Women’s Insurance Hospital, the first fetus at 15:50, the hospital informed the patient that the fetus was an unparalleled child and could not survive at the current domestic medical level.The second child was born after fifteen minutes of rescue, but at the time of birth, the Aya review was divided into 1 point, indicating that there is a certain vitality in the fashion of the mother’s fashion and can breathe independently.Fang Weilou’s notification did not record the relevant information of "dead production" in the medical records. Therefore, the court judged that the Municipal Women’s Insurance Institute should compensate for related losses such as the death compensation for the second child.
Summarize
Relevant medical institutions and medical staff should strictly provide women with childbirth health care in accordance with the relevant provisions of the "Administrative Measures for Pregnancy Healthcare Works", including the full production monitoring of mothers and fetuses, safe delivery, evaluation and evaluation of newborns and newborns and newborns.deal with.Observe the progress of the output process, draw the production process correctly, find the output abnormality as soon as possible, and diagnose or refer it in time.
At the same time, it should also be strictly strictly written in accordance with the relevant provisions of the medical records. Real and objective writing medical records. Production observation record forms, production diagrams and childbirth record forms are an important basis for medical staff to implement maternal delivery measures.Insufficient and unfavorable legal consequences.
Source of this article: Medical Class Obstetrics and Gynecology Channel. Author: Li Sanchuan Editor: CICI
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