The woman arrives shenyang jiuzhou hospital to do test tube baby discovery AIDS virus, the court judges so

2022-05-12 0 By

Li mou to the hospital to do test-tube baby, but found infected with HIV.Although the judicial appraisal held that the route of Li’s HIV infection was not clear, the court held that this was medical malpractice.On January 4, 2022, the court published its judgment on the case.On May 20, 2015, Li mou and her husband went to Shenyang Jiuzhou Hospital to do test-tube baby, and did the examination, Li Mou everything is normal, carried out embryo transplantation.On July 20, 2015, due to signs of bleeding, I had a painless abortion on the advice of the doctor. Later, the doctor suggested immunotherapy.Immunotherapy involves taking lymphocytes from her husband’s blood and injecting them into lee’s forearm.After the hospital examination found that li’s husband blood three Yang, unable to do immunotherapy for Li, the doctor suggested a replacement.On November 25, 2015, Li mou found his friend Sun mou to the hospital blood test to Do immunotherapy for Li Mou, about nine o ‘clock in the morning to the hospital blood test for Sun Mou, about 2 o ‘clock in the afternoon to do immunotherapy for Li Mou input.On December 16, 2015, Li took Sun to do the second immunotherapy.The hospital told Sun that the blood can not be separated, can not be used, the hospital requires a replacement for immunotherapy.On December 18, 2015, Li found another friend zhao for immunotherapy.On March 5, 2016, I prepared for the second test tube baby.On March 10, 2016, Li went to the hospital to check the endometrium and take blood tests. The hospital required Li to take her husband to the hospital for blood tests two days later.On March 16, 2016, Li and her husband went to the hospital, the doctor told the examination results showed that Li was infected with HIV, her husband was not infected, the hospital has sent Li’s blood to the epidemic prevention station.On March 24, 2016, the epidemic prevention station confirmed that Li mou was infected with HIV, Li mou let his friends Sun mou, Zhao Mou to take blood test, the results showed that Sun mou was infected with HIV.Li appealed that she went to the defendant hospital is to do test-tube babies, but because of the hospital’s illegal diagnosis and treatment of HIV infection, has been unable to do test-tube babies.Li mou asked the defendant hospital to compensate its total cost of ivf 34,029.89 yuan and frozen embryos 10 storage costs of 6606 yuan;The loss of 600,000 yuan from childlessness;Failure to work resulted in a loss of 224,004.75 yuan.The way li mou was infected with HIV was not clear. The judicial appraisal opinion held that the diagnosis of Li Mou was correct and active immunotherapy was feasible.But the medical advice is not standard.In addition, although the medical side tested Sun for HIV and other related diseases before selecting Li for immunotherapy, it did not inquire and record sun’s history of infection, high-risk sexual behavior, physical health and other conditions, and its medical behavior was wrong.Existing identification materials can not exclude li mou in addition to the injection route of other infection, so li mou infected with HIV route is still not clear.Therefore, the type of causality (participation) of medical errors in this case is not clear at present.Plaintiff Li mou filed a lawsuit to Shenyang Shenhe District People’s Court in September 2016, asking to confirm the defendant Shenyang Jiuzhou Hospital in the diagnosis and treatment of plaintiff Li mou infected with HIV causal relationship, constitute a medical accident.In 2018, shenyang Shenhe District People’s Court issued a civil judgment as follows: “Shenyang Jiuzhou Hospital has a causal relationship with Li’s infection during diagnosis and treatment, which constitutes a medical accident.”Shenyang Jiuzhou Hospital argued that on November 25, 2015, the plaintiff took his friend, Surnamed Sun, for a pre-immunotherapy test. As Sun’s HIV infection was in a “window period”, the HIV test conducted by the hospital showed no abnormalities.Although the court decided that the defendant Shenyang Jiuzhou Hospital has a causal relationship with the plaintiff Li mou in the diagnosis and treatment process of HIV infection, constitute a medical accident.However, in this case, the defendant hospital shall not bear the relevant damages and expenses.Another found that shenyang kyushu limited liability company to his family circle hospital file material issued by the competent administrative organ who planning commission in shenyang: supervisor, dean and the doctors think li mou infection cure belongs to “because of a fruit more,” is not entirely caused by medical behavior, does not recognise the punishment, hence our competent to the dean and the doctors cure be dismissed.The court believes that the defendant Shenyang Jiuzhou hospital to the plaintiff Li mou’s diagnosis and treatment behavior, constitute a medical accident, the defendant Shenyang Jiuzhou hospital to the plaintiff Li mou suffered damage assume compensation liability.On January 4, 2022, the court sentenced, the defendant Shenyang Jiuzhou Hospital compensation plaintiff Li Mou 34049.89 yuan, embryo storage fee 6606 yuan, transportation fee 1182 yuan copy fee 16 yuan, 272319.5 yuan lost work.(Hua Shang Bao reporter Wang Xiang, editor Luo Qi)