China News Service, Kaifeng, February 8th (Liu Peng) On the afternoon of the 8th, the second instance of the "replacement of life for 28 years", which has attracted much public attention, was held in Kaifeng City Intermediate People's Court to pronounce its verdict.
According to previous reports, after the 28-year-old Yao was diagnosed with liver cancer, his mother, Ms. Xu, decided to cut the liver and save her son, but after several inspections, it was found that Yao was not his biological child.
It was later confirmed that 28 years ago (1992), due to a work error in the Second Affiliated Hospital of Kaifeng Medical College (now Huaihe Hospital of Henan University) produced by Ms. Xu, the two children were held in the wrong place.
In April 2020, Ms. Xu found her biological son Guo in Zhumadian City, Henan Province.
Yao is the biological son of Guo's adoptive parents.
After the incident, Henan University and the Kaifeng Municipal Health Commission launched a joint investigation. The Huaihe Hospital of Henan University also admitted that the children of both sides were wrongly held in the hospital.
This is the "28 years of changing lives" event that has attracted much public opinion.
In September 2020, Yao and his biological parents Guo Moukuan and Du Mouzhi sued the Huaihe Hospital of Henan University in the first instance of the court in Gulou District, Kaifeng City.
On December 7, the court pronounced a verdict in the first instance, and Yao and his biological parents received a total compensation of more than 760,000 yuan.
Half a month after the sentence was pronounced, Yao and his biological parents appealed.
On the afternoon of February 8, 2021, according to news from the Kaifeng Intermediate People’s Court, the court urged the appellants Guo Moukuan, Du Mouzhi, Yao Mou and the appellee Henan University Huaihe Hospital, as well as the appellant Yao Mou and the appellee Henan University. The verdict was publicly pronounced at the second instance in two cases of tort liability disputes in Huaihe Hospital.
The second-instance judgment of the court: rejected the appeal and upheld the original judgment.
According to the second-instance judgment of the Kaifeng Intermediate People’s Court: the civil judgment of the People’s Court of Gulou District, Kaifeng City, Henan Province (2020) Yu 0204 Minchu No. 1485 shall be revoked; Huaihe Hospital of Henan University shall compensate Yao Ce for medical expenses, nutrition expenses, lost work expenses, transportation expenses, etc. The total cost is 602188.23 yuan (300,000 yuan has been paid, and 302188.23 yuan is still to be paid).
In the case of the appellant Guo Moukuan, Du Mouzhi, Yao Mou and the appellee in the Huaihe Hospital of Henan University, the Kaifeng City Intermediate People’s Court held that Guo Moukuan, Du Mouzhi, Yao Mou and Henan University Huaihe The hospital has no objection to the fact of "wrong hug".
The Huaihe Hospital of Henan University has confused the management of Du Mozhi and Yao's mother and infant registration, and has a major fault for the occurrence of the "wrong hug" incident.
The Huaihe Hospital of Henan University caused mental damage to Guo Moukuan, Du Mouzhi, and Yao and should be compensated for mental damage soothing money.
After comprehensively considering the facts of the case and the consequences of the damage, the average living standard of the court where the litigation was received, the court of first instance determined that the Huaihe Hospital of Henan University should compensate Guo Moukuan and Du Mouzhi for mental damages of 200,000 yuan and compensate Yao for mental damage. The comfort money of 200,000 yuan has already made a breakthrough, and it has given a greater degree of protection to Guo Moukuan, Du Mouzhi, and Yao Mou, which is not improper.
Guo Moukuan, Du Mouzhi, and Yao Mou appealed that the reason for raising the mental damage comfort payment could not be established.
Guo Moukuan only provided proof of income, but did not provide sufficient evidence to prove his lost time, which is not enough to prove that the loss of lost work caused by the tort of Henan University Huaihe Hospital was 11,946 yuan.
The Huaihe Hospital of Henan University recognized that Guo Xikuan had a two-month missed period, and the court of first instance determined that Guo's missed work fee of 6,400 yuan was not inappropriate.
Kaifeng City Intermediate People's Court rejected the appeal and upheld the original judgment.
In the case of the appellant Yao and the appellee in the Huaihe Hospital of Henan University, the Kaifeng City Intermediate People's Court held that the hospital delivery can be described as a health department, and life is dependent, and it bears a major responsibility to protect the safety of mothers and babies.
The people expect the hospital to be particularly rigorous and responsible in delivery and management of mothers and babies, so that mothers and children can be discharged safely together.
In this case, in 1992, the Huaihe Hospital of Henan University implemented separate mother-infant care for mothers and newborns (different room care for mothers and infants), and there were management problems in the management of Du Mozhi and Yao's maternal and infant registration confusion and lack of relevant laboratory tests. A major fault caused the incident of "mistaking" Yao Ce.
Yao's biological mother, Du Mouzhi, claimed that she was a patient with liver disease, but because of the "wrong hug", Yao could not live with her biological parents since childhood. It was difficult to accurately determine the cause of Yao's liver disease, which affected Yao's efforts to prevent and treat her liver disease. opportunity.
When Yao found his biological parents, his condition had deteriorated, which affected his choice and realization of liver transplantation.
Although there is no inevitable causal relationship between the "wrong hug" and Yao's liver cancer, the "wrong hug" affected Yao's fate.
Family affection is priceless and life is paramount.
Hospitals are responsible for protecting the lives and health of patients. They have a glorious mission and are worthy of respect. Hospitals can only avoid mistakes and damages and win the trust, understanding and support of the people.
The report stated that in this case, the Huaihe Hospital of Henan University tried its best to help Yao to find relatives and paid part of the treatment costs in advance. This responsibility is worthy of respect. However, the Huaihe Hospital of Henan University was at fault and the consequences were serious. Responsible for the consequences of failing to perform prudential duties in the past.
The compensation requested by Yao is incurred by normal treatment, and related expenses such as treatment expenses, nutrition expenses, lost work expenses, and transportation expenses are within a reasonable range.
Kaifeng City Intermediate People's Court then revised the sentence in accordance with the law and supported Yao's appeal.
After the verdict of the second instance was announced that day, the presiding judge of the case accepted an interview to respond to public concerns.
The presiding judge stated that, although monetary compensation for mental damage cannot fully recover the mental damage of the infringed, it can comfort the physical and mental suffering of the infringed and realize the protection of the legal civil rights and interests of the infringed.
Mental damage compensation is different from property damage and cannot be quantified and accurately calculated like property damage.
According to Article 5 of the "Interpretation of the Supreme People's Court on Certain Issues Concerning the Determination of Liability for Mental Damage in Civil Torts", the determination of the amount of compensation for mental damage in civil torts is mainly based on the infringer's degree of fault, the specific circumstances of the infringement, the consequences of the damage, and the acceptance of litigation Factors such as the average standard of living in the place of the court shall be considered comprehensively.
In this case, the "wrong hug" incident caused Guo Moukuan, Du Mouzhi and Yao's family to be separated from each other, and they could not normally enjoy family affection.
Moreover, Yao's condition is also related to the miscarriage incident.
Guo Moukuan, Du Mouzhi, and Yao Mou were separated for 28 years, and after they reunited, they had to suffer from a serious illness in their biological son.
The Huaihe Hospital of Henan University had a major fault for the occurrence of the "wrong hold" incident, and it also has the financial ability to assume responsibility.
After comprehensive consideration of the facts and consequences of the case and the average living standard of the court where the litigation was accepted, the Huaihe Hospital of Henan University decided to compensate Guo Moukuan and Du Mouzhi for mental damages of 200,000 yuan and Yao for mental damage of 200,000 yuan. Yuan, not only has a breakthrough, but also more appropriate.
Therefore, the second instance was maintained.
After Yao's appeal, why did the court of second instance change the sentence? The presiding judge said that first of all, the Huaihe Hospital of Henan University had a major fault.
In 1992, the Huaihe Hospital of Henan University had major management faults in the management of Du Mozhi and Yao's maternal and child registration disorder and related laboratory test slips, which caused the incident of "mistaking" Yao.
Secondly, the consequences of the "wrong hold" incident in this case are serious.
Yao's biological mother, Du Mouzhi, claimed that she was a patient with liver disease, and the "wrong hug" caused Yao to be unable to live with her biological parents since childhood. It was difficult to accurately determine the cause of Yao Ce's liver disease, which affected Yao to strengthen prevention and treatment of liver disease. Opportunity.
When Yao found his biological parents, his condition had deteriorated, affecting his choice and realization of liver transplantation.
From the perspective of Yao Ce's condition, it is still deteriorating, his life is dying, and his walking is difficult, causing great pain to Yao Ce.
The "wrong hug" affected Yao's fate.
Family affection is priceless and life is paramount.
Hospitals are responsible for protecting the lives and health of patients, with a glorious mission and worthy of respect.
In the face of great responsibilities and glorious missions, hospitals can only avoid faults and damages and win the trust and support of the people if they are cautious and responsible.
Finally, after review, the compensation requested by Yao was incurred by normal treatment, and related expenses such as treatment expenses, nutrition expenses, lost work expenses, and transportation expenses were within a reasonable range.
The Huaihe Hospital of Henan University should take responsibility for the consequences of its failure to perform its prudential duties in the past.
Based on the above considerations, the judgment was revised in the second instance and Yao Mou's appeal request was supported.
In response to the enlightenment of this case, the presiding judge stated that health is the common pursuit of the people. The people's sense of gain, happiness, and security are inseparable from health, and hospitals have a great responsibility in protecting the lives and health of the people.
As far as hospital delivery is concerned, once there is an error in the management of the mother and child after the hospital delivery, it will cause irreparable serious consequences. This case is a living case.
The people expect the hospital to be particularly rigorous and responsible in the delivery and management of mothers and babies, so that mothers and children can be discharged safely together.
Facing the expectations of the people, the hospital must improve the management system, strengthen the implementation of responsibilities, and avoid the tragedy of "mistakenly holding the child" and separation of mother and child.
The second instance of this case was changed to the Huaihe Hospital of Henan University to assume full responsibility. It also aims to warn medical institutions that they should strictly abide by medical technical regulations and implement a complete medical management system in their medical activities to prevent and treat diseases, protect citizens’ health, and build health. China.
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