"The Case of Changing Life for 28 Years" in the first instance sentenced the hospital involved in compensation of more than 760,000 yuan

The client Yao Ce said: The amount of compensation is lower than expected. Many hope that this matter will come to an end in 2020

　　The much-watched "28-year wrongful life change case" was publicly pronounced at the People’s Court of Gulou District, Kaifeng City, Henan Province on December 7, and the court ruled that the hospital involved in the case of the Huaihe Hospital of Henan University should compensate for mental damage and the transportation paid for seeking relatives. Expenses, medical expenses, nutrition expenses, and lost work expenses total 768,906.44 yuan.

　　In February of this year, Yao Ce, a young man in Jiangxi Province, was diagnosed with cancer. His mother wanted to "cut the liver to save her son", only to discover that he had miscarried the child in the hospital where he gave birth 28 years ago-Huaihe Hospital of Henan University. In Henan.

　　In July, the People’s Court of Gulou District, Kaifeng City, Henan Province accepted Yao Ce and his biological parents Guo Xikuan and Du Xinzhi’s lawsuit against the Huaihe Hospital of Henan University for "changing their lives for 28 years" and Yao Ce sued the Huaihe Hospital of Henan University for "cancer" Tort liability dispute case.

　　The court publicly pronounced the verdict in the first instance.

Guo Xikuan, Du Xinzhi, Yao Ce v. Huaihe Hospital of Henan University in the tort liability dispute, the Huaihe Hospital of Henan University was judged according to law to compensate Guo Xikuan and Du Xinzhi for mental damages of 200,000 yuan, Yao Ce for mental damages of 200,000 yuan, and Du Xinzhi for reasons He paid 1193.5 yuan for transportation expenses and compensated Guo Xikuan for lost work expenses of 6,400 yuan.

　　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 before and still needs to be paid 261312.94 yuan.

　　The presiding judge explained that the hospital, as a professional medical service organization, has a highly cautious duty of care for newborns born there, and Huaihe Hospital does not object to the “miscarriage” occurring in its hospital. This fault led to Yao Ce After 28 years of separation from their biological parents, they had liver cancer when they met, and the three suffered severe mental pain. Huaihe Hospital should be liable for mental damage.

　　In addition, due to the irregular diagnosis and treatment behaviors and poor management of Huaihe Hospital, medical records are missing, 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 occurrence of the "miscarriage" incident should be identified as a major occurrence in Huaihe Hospital. fault.

However, the occurrence of liver cancer is not only related to epidemic prevention, but also related to individual differences, life experience and other factors. Therefore, the Huaihe Hospital was judged to bear 60% civil compensation liability for Yao Ce's reasonable losses due to liver cancer.

Cover dialogue

　　The client Yao Ce:

　　I will reserve the right to appeal

　　After the judgment of the “28 years of wrong life” was pronounced in the first instance, on the evening of December 7, the person involved Yao Ce expressed his views.

　　Talking about his views on the outcome of the first instance judgment, Yao Ce said that the amount of compensation was much lower than expected, but he agreed that "the hospital assumes full responsibility for the misunderstanding" and "the hospital assumes 60% of Yao Ce's responsibility for hepatitis B."

Regarding whether to appeal, he said: "I will reserve the right to appeal, hoping to fight for greater demands." Yao Ce said: "I hope this matter will come to an end in 2020."

　　West China Metropolis Daily, cover news reporters later learned from Yao Ce's adoptive mother, Ms. Xu, whether to appeal or not still needs to be discussed.

Yao Ce's attorney Zhou Zhaocheng also said that whether to appeal needs to be confirmed after communicating with Yao Ce.

　　Attorney Zhou Zhaocheng stated that since it is still unclear whether the defendant will appeal after receiving the first-instance verdict, he plans to continue to file the "Application for Prior Enforcement" to the court for the amount that is not disputed by both parties. Whether to appeal or whether the first-instance judgment takes effect, the plaintiff, Yao Ce, who has no money to treat his illness and whose life is hanging by a thread, can first receive life-saving compensation from the defendant's Huaihe Hospital of Henan University, and let him go to hospital for treatment." Zhou Zhaocheng Say.

　　Zhou Zhaocheng stated that, although there is still a gap between the first-instance judgment and the plaintiff’s amount of prosecution, the judgment basically supports the plaintiff’s demands.

First, regarding the 28-year misplacement, the court completely determined that the defendant was at fault in Huaihe Hospital of Henan University and should bear 100% of the liability for mental damage to the plaintiff. Second, regarding the 28-year misplacement, the defendant’s hospital had not been injected with hepatitis B. The vaccine is at fault. Therefore, one of the children who took the wrong child, Yao Ce, should be held responsible for liver cancer. In the end, it was determined that the hospital should bear a certain amount of compensation in proportion to the fault.

　　Zhou Zhaocheng emphasized that with regard to the amount of judgment, because Yao Ce had fewer documents for treatment fees at the time of the prosecution, the final amount of judgment supported by the court was not too high; however, the People’s Court of Gulou District, Kaifeng City, through the trial, determined that the defendant was in Huaihe Hospital of Henan University. The plaintiff Yao Ce was at fault in his illness and was responsible for Yao Ce's treatment according to a certain percentage.

Such a verdict really relieved the plaintiff Yao Ce from worries.

After the judgment came into effect, the plaintiff Yao Ce incurred new treatment costs in the future, and he could still continue to claim his rights at the Huaihe Hospital of Henan University.

　　West China Metropolis Daily-cover news reporter Chen Yanfei