After the man liges the surgery, the wife is pregnant unexpectedly, and the hospital’s infringement compensation is exposed

Recently, a case in the Xiamen Huli Court has attracted widespread attention.After a ligation surgery, a husband found that his wife became pregnant again a year later.In anger, the couple decided to sue the hospital to court and ask the hospital to bear responsibility.

It is understood that in December 2019, Huang (a pseudonym) underwent a vastered tube ligation surgery in a hospital in Xiamen, which cost more than 2,000 yuan.However, it was unexpected that in early 2021, Huang’s wife was found to be pregnant.Facing this unexpected result, after careful consideration, Huang’s wife decided to abort.

Huang said that before the operation, the hospital only told him that he needed contraception within 3 months after the operation, and no longer needed.They felt harm to such accidents and believed that the hospital should bear the liability for compensation.

However, during the trial of the case, the hospital explained that Huang conducted a review in May 2020, and the report at the time showed that there were still semen residues.The doctor clearly informed Huang that it would need 3 to 6 months and about 10 times to be completely discharged.The hospital also stated that ligation surgery is not 100 % effective, and it may naturally heal two years after surgery.

During the trial, the informed consent of surgery became the key evidence.Although the hospital believes that the relevant risks and precautions of the operation have been fully notified, they cannot provide Huang’s signature consent.The Huli Court of Court held that the hospital should have at least retained surgical informed consent, and the existing evidence cannot prove that the hospital has fulfilled the notification obligation.Because the hospital failed to inform the obligation, Huang did not take contraceptive measures, which eventually led to the tropical and manual abortion. The court determined that the hospital infringed the health of Huang and his spouse, and should bear the corresponding infringement liability.

In the end, the court ruled that the hospital compensated Huang 4947.68 yuan and compensated Huang’s spouse 9718.32 yuan.The case was maintained by the second instance of the Xiamen Intermediate People’s Court and has come into effect.

This case has caused people’s attention to the medical industry.Regarding the recovery after surgery, whether the hospital should inform patients in detail and keep the relevant informed consent to be checked to ensure that the patient’s rights and interests are guaranteed, it is a question that needs to be considered.At the same time, the communication and trust between doctors and patients is also the key to maintaining a good order in the medical industry.We hope that through such cases, we can promote further improvement of doctor -patient relationships.

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