On April 28, Yao Ce's adoptive mother Xu Min, adoptive father Yao Shibing and Guo Wei sued Henan University Huaihe Hospital (hereinafter referred to as Henan University Huaihe Hospital) and Yao Ce's biological mother Du Xinzhi's tort liability dispute in the first instance on April 28.
The People's Court of Gulou District, Kaifeng City held that the Huaihe Hospital of Henan University should compensate Xu Min, Yao Shibing and Guo Wei for a total of more than 990,000 yuan.
After the trial, Du Xinzhi's party did not have any "stolen exchange" behavior.
On the 28th, Yao Ce's biological mother, Du Xinzhi, provided the full text of the "Civil Judgment" of the People's Court of Gulou District, Kaifeng City to The Paper (www.thepaper.cn).
Regarding the judgment of the court of first instance in this case, on the 28th, Peng Mei News repeatedly called Yao Ce's adoptive mother Xu Min and his attorney. As of press time, the phone could not be connected.
Wrongly holding a baby caused two families to have a misplaced life for 28 years.
Peng Mei News noticed that after the first-instance judgment of the case ended, the judge in charge of the case discussed the case in detail in the briefing, saying that he hoped that the judgment would make the family affection and the power of goodness behind the "wrong hug" be cared for from all sides.
I also hope that the scars of the two families will not be uncovered again and again, and that time and a happy life will be the best medicine for repairing the wounds.
Do the hospital and Yao Ce's biological mother bear tort liability for the wrong hug? How to take responsibility?
On May 8, 2021, Xu Min and others sued Henan University Huaihe Hospital for tort liability disputes. At the trial site, Xu Min temporarily added Du Xinzhi as the defendant and changed the claim.
On September 18, 2021, Xu Min and others sued the Huaihe Hospital of Henan University and Du Xinzhi for another case of tort liability disputes.
After the trial was held again, whether Yao Ce's biological mother, Du Xinzhi, should bear the tort liability became one of the focuses of the trial.
The content of the judgment shows that the People's Court of Gulou District, Kaifeng City held that the focus of the dispute in this case is whether Heda Huaihe Hospital and Du Xinzhi should bear the tort liability for the wrongly held newborn baby.
Regarding the question of whether the Heda Huaihe Hospital constitutes infringement, the court held that the hospital's chaotic management and irregular diagnosis and treatment behaviors resulted in the "wrong embrace" of the newborn mother Xu Min and Du Xinzhi, who were both delivering in the hospital, which constituted a major medical management issue. Accident, Heda Huaihe Hospital has a major fault for this.
The court held that the personal rights of natural persons arising from marriage and family relations are protected by law.
The guardianship rights of parents to raise, educate and protect their biological children are not only the emotional expression of blood kinship and the inevitable requirement of ethics and morality, but also the legal protection of identity rights based on marriage and family relations.
The major medical management mistakes of the Heda Huaihe Hospital resulted in Yao Shibing, Xu Min and his wife losing their right to guardianship of their parent-child Guo Wei.
The court held that after Yao Ce fell ill, Yao Shibing and Xu Min and his wife sought doctors everywhere to treat Yao Ce. A major mental blow for sending a brunette.
At the same time, Guo Wei was also taken away from the custody of his biological parents Yao Shibing and Xu Min because of being hugged by mistake, and his blood kinship and parent-child relationship with his biological parents suffered serious damage, causing serious mental trauma.
There is a legal causal relationship between the above damage consequences and the wrongdoing of the Heda Huaihe Hospital.
To sum up, the court found that the major medical management fault of Heda Huaihe Hospital constituted infringement.
Regarding the question of whether Yao Ce's biological mother, Du Xinzhi, constituted infringement, the court held that there was no evidence in this case to prove that Du Xinzhi refused or did not cooperate with the hepatitis B surface antigen test, and there was no evidence to prove that the absence of the hepatitis B surface antigen test report in the medical record was related to Du Xinzhi is related, so Xu Min and Yao Shibing's claim that Du Xinzhi concealed his history of hepatitis B has no basis.
In addition, with regard to the question of whether there is a "stealth exchange", the public security organ has reached a conclusion according to law through in-depth investigation and evidence collection, that no criminal facts have occurred and decided not to file the case. Combined with the investigation of this court, the evidence in the case cannot prove the existence of "stealth exchange". "Behavior.
To sum up, the People's Court of Gulou District held that Du Xinzhi did not bear the tort liability for the wrongly held newborn.
Judgment: It is hoped that the power of family affection and good will be cared for, encouraged and carried forward in all aspects
The Gulou District People's Court held that the "wrong hug" behavior of Heda Huaihe Hospital many years ago had serious consequences. In consideration of responsibility, the reasonable demands of Xu Min and other injured parties should be fully protected in accordance with the law to comfort him. s damage.
Xu Min claimed that it was not "wrong hug" but "stolen exchange", but the evidence in this case could not prove that there was "stolen exchange", and Du Xinzhi should not be held responsible.
Peng Mei News previously reported that since Yao Ce's death, his biological mother, Du Xinzhi, and her family have been subjected to cyber violence due to doubts about "stolen exchange".
The court held that the "wrong hug" had caused the tragedy of parent-child separation for 28 years, and the sudden change of blood relationship had turned into a dispute between the two families, which made people sigh with embarrassment.
The verdict mentioned that over the years, the families of both sides have carefully raised their two children. Under the nurturing and love of their adoptive parents, the two children completed their studies and started a family. Especially Xu Min and his wife "cut the liver to save the child", which is touching. .
The court mentioned in the judgment that it hoped that the determination of the facts and responsibilities in this case would enable the two families to let go of the past, maintain family affection, and return to harmony and happiness from pain and disputes. The family affection and the power of good deeds are cared for, encouraged and carried forward in all aspects.
To sum up, the People's Court of Gulou District, Kaifeng City made a first-instance judgment on the case, and ordered Huaihe Hospital of Henan University to compensate Xu Min, Yao Shibing for mental damage, medical expenses, lost work expenses, transportation and accommodation expenses, appraisal fees and other expenses totaling 798,361.1 yuan; Compensate Guo Wei for mental damages of 200,000 yuan; dismiss Xu Min, Yao Shibing, Guo Wei's other claims against Henan University Huaihe Hospital; dismiss Xu Min, Yao Shibing's claims against Du Xinzhi.
"During the trial of the case, I was moved, moved, and looked forward to." Peng Mei News noted that on April 28, after the case was pronounced, the court judge talked about the feelings of the trial in the official briefing.
The judge said that he was moved by the sincere and pure family affection.
Through the trial of this case, "We have seen that, over the years, two families have carefully raised their two children, and under the nurturing and love of their adoptive parents, the two children have completed their studies and started a family. Dedicating their parents' love to the best of their ability, especially the sincere love of Xu Min and his wife "cutting the liver to save the child" is touching."
After Yao Ce died of illness, only one child of the two parents was left, Guo Wei. Especially after the two pairs of parents turned against each other, Guo Wei was in the midst of the entanglement of the love of childbirth and the kindness of upbringing. The cherishing of blood ties and nurturing, and the desire for family harmony left a deep impression on the judge, which fully reflected the fine tradition of filial piety for mothers and children in Chinese civilization.
The judge said that the "wrong hug" caused the tragedy of parent-child separation for 28 years. After the family recognized each other, they should have been happy. However, due to Yao Ce's death, it was difficult for the two parents to get out of the pain of losing their children. It was at this time. , Some netizens hyped the topic of "stealth swap", which caused the two families to fall into a serious state of tearing apart their families. From mutual recognition and soothing pain, it evolved into questioning, disputes and even excessive words and deeds.
In the process of hearing the case, the court has always regarded healing the trauma and promoting the understanding of the two families as an important goal, and tried its best to urge the two sides to shake hands and make peace, so as to return to a peaceful life as soon as possible. However, due to the unforgettable experience and good memories of 28 years of living together, it was difficult for all parties to let go, and the mediation failed.
"We hope that the determination of the facts and responsibilities in this case will enable the two families to no longer be confused by the 'stolen exchange' hyped by individual netizens, let go of the past, cherish the present, keep the family together, and return to peace, harmony and happiness as soon as possible; The judgment makes the family affection and the power of goodness behind the "wrong hug" case to be cared, encouraged and carried forward from all sides; I also hope that the scars of the two families will not be repeatedly uncovered, so that time and a happy life can be used to repair the wounds. The best medicine." The judge finally mentioned.
The Paper reporter Lv Xinwen