China News Service, December 7 According to the WeChat public account of the Henan Higher People’s Court, on December 7, 2020, the Gulou District People’s Court of Kaifeng City, Henan Province sued the plaintiffs Guo Xikuan, Du Xinzhi, and Yao Ce against the defendant Huaihe Hospital of Henan University. The plaintiff Yao Ce sued the defendant Huaihe Hospital of Henan University in two cases of infringement liability disputes at the first instance.
Guo Xikuan, Du Xinzhi, Yao Ce v. Huaihe Hospital of Henan University in a tort liability dispute. The court ruled according to law that the Huaihe Hospital of Henan University should compensate Guo Xikuan and Du Xinzhi for mental damage of 200,000 yuan; compensation for Yao Ce mental damage of 200,000 yuan; compensation for Du Xinzhiyin The transportation expenses paid by the relatives were 1193.5 yuan; the compensation to Guo Xikuan was 6,400 yuan for lost work expenses.
In the case of Yao Ce v. Huaihe Hospital of Henan University, the court ruled that Huaihe Hospital of Henan University should pay Yao Ce's medical expenses, nutrition expenses, lost work expenses, transportation expenses and other expenses totaling 361,312.94 yuan (100,000 yuan has been paid, and 261312.94 needs to be paid. yuan).
A reporter asked
On December 7, 2020, the People's Court of Gulou District, Kaifeng City, Henan Province publicly sentenced the plaintiffs Guo Xikuan, Du Xinzhi, and Yao Ce against the defendant Huaihe Hospital of Henan University, and the plaintiff Yao Ce against the defendant Huaihe Hospital in the first instance of a dispute over tort liability.
In the two cases, Huaihe Hospital was judged to compensate Guo Xikuan and Du Xinzhi for mental damages of 200,000 yuan; Yao Ce for mental damages of 200,000 yuan; to compensate Du Xinzhi for paying transportation expenses for seeking relatives of 1193.5 yuan; to compensate Guo Xikuan for lost work expenses of 6,400 yuan.
The compensation for Yao Ce's medical expenses, nutrition expenses, lost work expenses, transportation expenses and other expenses totaled 36,1312.94 yuan (100,000 yuan has been paid, and 261312.94 yuan still needs to be paid).
The presiding judge of the case accepted an interview and responded to several issues of public concern.
Reporter: In the two cases of Guo Xikuan, Du Xinzhi, Yao Ce v. Huaihe Hospital and Yao Ce v. Huaihe Hospital, why did the court decide in this way?
Presiding Judge: Parents’ custody, upbringing, education, protection of their children and their children being taken care of and cherished by their parents is a right based on blood relationship. This right is closely related to the relationship of identity and is of vital importance to every citizen.
The three plaintiffs such as Guo Xikuan told the defendant in the case of a dispute over tort liability in Huaihe Hospital. As a professional medical service organization, the hospital has a highly cautious duty to care for the newborns born there, and Huaihe Hospital had a "miscarriage" in its hospital. No objection, this fault caused Yao Ce to be separated from his biological parents for 28 years, and 28 years later, Yao Ce recognized his biological parents, but he already had liver cancer. After Yao Ce met Du Xinzhi and Guo Xikuan, he suffered severely mentally. Suffering, therefore, Huaihe Hospital should be liable for mental damage compensation.
In the case of Yao Ce v. Huaihe Hospital’s infringement liability dispute, due to the irregular diagnosis and treatment and poor management of Huaihe Hospital, medical records were missing, and Yao Ce was not vaccinated in time for hepatitis B vaccine in accordance with the relevant regulations of the original Kaifeng City Health Bureau, and the "miscarriage" incident Should be determined to be at fault in Huaihe Hospital.
However, the occurrence of liver cancer is not only related to epidemic prevention, but also related to various factors such as individual differences and life experience.
Therefore, this court ruled that Huaihe Hospital shall bear 60% civil compensation liability for Yao Ce's current reasonable losses caused by liver cancer.
Reporter: Guo Xikuan and the other three plaintiffs sued 1.8 million yuan for spiritual comfort. The court only supported 400,000 yuan. What are the reasons?
Presiding judge: Guo Xikuan and other three plaintiffs told the defendant in the tort liability dispute of Huaihe Hospital. According to the law, after comprehensively considering the actual situation of the case, the infringer's degree of fault, and the average economic living standard of the court where the court was sued, this court decided against Huaihe Hospital for compensation Guo Xikuan and Du Xinzhi’s mental damage comfort fund is 200,000 yuan; for Yao Ce’s mental damage comfort payment, in addition to the above factors, combined with Yao Ce’s physical status and age, this "miscarriage" behavior of Huaihe Hospital gave Yao Ce and his The family caused irreparable damage, so this hospital determined that Huaihe Hospital should compensate Yao Ce with 200,000 yuan for mental damage.
Reporter: In the case of Yao Ce v. Huaihe Hospital, how was the compensation determined?
Presiding Judge: Yao Ce sued Huaihe Hospital for tort liability dispute, in which Yao Ce sued for compensation of 916947.81 yuan.
Yao Ce alleged that the cost of treating hepatitis B in his childhood was 305,508 yuan, but he did not submit relevant bills, lack of evidence, and no evidence to prove it. This hospital does not recognize it.
For Yao Ce’s claim of 602,188.23 yuan that meets the legal requirements and has evidence, Huaihe Hospital shall bear 60% of the liability according to the division of responsibilities. Therefore, Huaihe Hospital shall compensate Yao Ce for various expenses of 361312.94 yuan. Huaihe Hospital considers Yao Ce’s health and Economic conditions, 100,000 yuan has been actively paid in the early stage.