It is reported that on February 7, 2020, the People's Court of Gulou District, Kaifeng City, Henan Province publicly pronounced two cases: plaintiff Guo Xikuan, Du Xinzhi and Yao Ce v. defendant Huaihe Hospital of Henan University and plaintiff Yao Ce v. defendant Huaihe Hospital of Henan University.
In the case of Guo Xikuan, Du Xinzhi and Yao Ce v. Huaihe Hospital of Henan University, the court ruled that Huaihe Hospital of Henan University compensated Guo Xikuan and Du Xinzhi for mental damages of 200,000 yuan. Compensation for Yao Ce mental damage compensation 200,000 yuan; Compensation for Du Xinzhi's transportation expenses for finding relatives 1 193.5 yuan; Compensation for Guo Xikuan's lost time is 6400 yuan.
In the case of Yao Ce v. Huaihe Hospital of Henan University, the court ruled that Huaihe Hospital of Henan University compensated Yao Ce for medical expenses, nutrition expenses, lost time, transportation expenses and other expenses * * * totaling 36 13 12.94 yuan (paid 100000 yuan, 2613 is still to be paid).
Extended data:
Reasons for the court's decision:
Presiding judge: Parental guardianship, upbringing, education and protection, as well as parental care and love for children, are rights based on blood relationship, which are closely related to identity and are of vital importance to every citizen.
Guo Xikuan and others informed the defendant of the dispute over tort liability of Huaihe Hospital. As a professional medical service institution, the hospital has a high obligation to take care of and protect the newborns born there. Huaihe Hospital has no objection to the "wrong" of its hospital. This fault caused Yao Ce to be separated from his biological parents for 28 years. After 28 years, Yao Ce recognized his biological parents, but he already had liver cancer. After seeing Du Xinzhi and Guo Xikuan, Yao Ce suffered severe mental pain.
In the case of Yao Ce v. Huaihe Hospital's tort liability dispute, due to the irregular diagnosis and treatment behavior and poor management of Huaihe Hospital, the medical records were missing, and Yao Ce failed to vaccinate hepatitis B vaccine in time according to the relevant regulations of Kaifeng Municipal Health Bureau, resulting in a "wrong-holding" incident, which should be considered as a major fault of Huaihe Hospital.
However, the occurrence of liver cancer is not only related to epidemic prevention, but also to individual differences, life experiences and other factors. Therefore, the court ruled that Huaihe Hospital should bear 60% civil liability for the reasonable losses caused by Yao Ce's current liver cancer.
Yao Ce, a young man who changed his life for 28 years because of mistakes, is critically ill. Lawyer: If he bleeds, he will be in danger.