The six prenatal examinations were normal, but the son was born without a finger in his right hand, and his parents suffered great mental damage, and the hospital refused to pay compensation.
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To this end, the couple took a hospital in Changping District to court and demanded compensation for spiritual comfort and child support totaling more than 230,000 yuan.
The case was heard in Changping Court. In court, the defendant hospital said that they were not at fault. "Due to the limitations of medical equipment and the objective conditions such as the mother's own physical condition, we did not tell the plaintiff."
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plaintiff
The hospital failed to perform its duties, resulting in the birth of a disabled fetus.
On the morning of 10, the trial began, and all the original defendants appeared as agents.
The husband and wife claimed that from July 2065438 to July 2002, the mother of the child went to a hospital in Changping, Beijing for prenatal examination and health care for pregnant women, all of which showed normal results. The doctor never told the plaintiff that there was something wrong with the fetus.
2013 65438+125 October, my wife gave birth to a baby boy in the defendant's hospital. Unexpectedly, my son was born with a deformed right hand and missing fingers.
According to Article 17 of the Law on the Protection of Mothers and Infants, if a doctor discovers or suspects that the fetus is abnormal through prenatal examination, he shall make a prenatal diagnosis of the fetus and fulfill his legal obligations.
The plaintiff believes that the defendant did not fulfill his due obligations, which led to the birth of a disabled fetus, violated the plaintiff's right to choose a healthy delivery, caused serious mental and economic burden to the plaintiff and his wife, and also brought great inconvenience and mental pain to the child's life.
On September 30th this year, it was appraised by the Institute of Science and Technology Appraisal of French University.
The plaintiff demanded compensation from the defendant for alimony 19945 1 yuan and spiritual comfort of 40,000 yuan.
Now the couple's son is 3 years old. In this lawsuit, the husband and wife regard their son as a third person.
defendant
The appraisal agency said there was no obvious fault, so no compensation was needed.
As the defendant, a hospital in Changping, Beijing, expressed disagreement with compensation.
Previously, the plaintiff applied to the court for three appraisals, and the court read out an appraisal made by Daihatsu University. When the child was born, his right hand was missing and his palm was underdeveloped.
The appraisal conclusion is that the defendant's hospital has a medical fault in informing patients of defects in the process of prenatal screening, and there is no obvious medical technical fault in the process of prenatal screening for women. And there is no clear causal relationship between medical fault and congenital developmental malformation of children.
"Now even the appraisal agency says that we have no obvious medical negligence, not even negligence, let alone medical negligence." The defendant's agent said that since the hospital was not at fault, it should not compensate.
"The appraisal shows that you have a defect in informing the patient, which proves that the defendant has a defect in informing, resulting in the woman (the mother of the child) having no reproductive choice." The plaintiff's agent retorted.
"It's not that we didn't speak, but that we didn't check it at all. In the process of screening, it is due to the limitations of B-ultrasound examination and the woman's own physical condition, which led to the current situation. " The defendant argued.
hospital
If the child is holding his hand when doing B-ultrasound, it is impossible to find hand deformity.
In addition, the defendant said that they always signed the informed consent form with the child's mother, but the appraisal report thought that the informed consent form we asked them to sign was not in the normative sense and could not prove that the other party (the child's mother) had read the informed consent form.
In fact, we asked our mother to sign the consent form before the examination. The specific content is that we can't find possible defects due to objective factors such as eyes and hands during the examination. The agent further explained that, for example, at that time, the child was holding hands, so it was impossible for us to find that the child's hand was deformed during the B-ultrasound examination. We didn't check it from beginning to end, and we didn't check it without telling pregnant women. At 22 weeks, we also did an abnormality check, but it was not detected.
It is not that the medical service problem has not been found out, but that the deformity is congenital, such as hereditary, and there are genetic problems. We are not at fault, so we don't agree to compensation.
"You said that if the child is holding hands, you can't check it out, but look at the fact that the child's right hand doesn't have a finger now. You haven't detected such a big problem yet. Is there no problem and should not be compensated? " The plaintiff's agent pointed to the photos in the appraisal report and said.
The case was not pronounced in court.
Similar cases
A pregnant woman in Shenzhen had four B-ultrasound examinations before delivery, and the results were all good. After her son was born, she found that his left and right faces were obviously asymmetrical, and his right ear almost grew at the chin, which was covered with hair from birth.
Ms. Li of Lujiang County gave birth to a baby boy last month. The whole family is very happy, but when we take a closer look, the child is born disabled and has no right foot. Ms. Li said that she had nine prenatal examinations, six ordinary B-ultrasound and 1 four-dimensional abnormal color ultrasound, all of which showed that the child was normal. Why are children disabled after birth?
Ms. Zhang said that she had seven B-ultrasound examinations in the hospital before giving birth and told her that the fetus was normal, but the child was found to have no left arm after birth.
Pregnant mother popularization of science
Prenatal ultrasound and color Doppler ultrasound are not omnipotent, nor can they completely rule out abnormalities.
Ultrasound examination can find fetal chromosome abnormality and fetal malformation, which is the main way of prenatal examination at present. Then why on earth are many prenatal examination results normal, but the baby born is deformed?
Expectant mothers are generally concerned about whether fetal malformation can be completely detected. The answer is no! Mainly because:
1, pregnancy examination mainly examines the main structure of the fetus. The results of prenatal examination are related to the degree of fetal position and structural abnormality, but not all fetal structural abnormalities can be detected.
2. Due to the influence of fetal position, amniotic fluid and machinery. If some limbs of the fetus are covered, it is difficult for doctors to check them out clearly. Unless there is a major deformity, doctors can still find it.
3. If the deformity does not develop to a certain extent, ultrasound may not be able to show it completely. Some malformations can't be shown until the third trimester, so early ultrasonic detection can't detect fetal malformations. Therefore, B-ultrasound can not completely rule out all fetal malformations.
4. Due to the limited ultrasonic resolution and technical reasons, some malformations will be missed during the examination. Not all malformed fetuses can be detected by B-ultrasound, such as congenital idiots or tiny malformations caused by some chromosomal abnormalities, which cannot be detected by B-ultrasound.
Due to the limited medical level at present, not all fetal problems can be found through prenatal examination. Prenatal examination of fetal condition mainly depends on the comprehensive judgment of doctors on all examinations.
According to professionals, 70%~80% of fetal malformations can be found by ultrasonic examination at pregnancy 16~24 weeks, and 20% can also be screened by laboratory tests such as amniotic fluid and genetics. However, at present, developed countries abroad use ultrasound to check fetal malformation, and the detection rate is only 70%.
Pregnant mothers will question: if you spend so much money to go to the hospital for routine examination, the hospital will not find out the problem. What is the significance of physical examination? Generally speaking, pregnancy test can greatly reduce the risk of delivery. Although it is not 100% guaranteed that the pregnancy test is normal and absolutely safe, the pre-pregnancy test is an important guarantee for prenatal and postnatal care.
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What is the cause of fetal malformation?
The causes of fetal malformation are mainly divided into maternal or environmental factors and genetic factors.
Maternal or environmental factors
1, radiation
In the early pregnancy, when the radiation dose absorbed by the fetus exceeds 5 rads, the risk of fetal malformation will increase significantly.
2. Chemicals
Some drugs can cause fetal malformation, especially when used in early pregnancy. Therefore, if you want to use drugs during pregnancy, you must use drugs reasonably under the guidance of a doctor. It is worth mentioning that rural women should avoid contact with pesticides during pregnancy. Heavy metals (mercury, lead, etc. ) will increase the risk of fetal malformation.
3. Influence
Pregnant mothers infected with certain microorganisms will lead to fetal infection and even fetal malformation, such as rubella, giant cells, herpes simplex, Toxoplasma gondii, syphilis and so on.
4. Hyperglycemia during pregnancy
Poor blood sugar control of pregnant mothers with diabetes in the first trimester will increase the risk of fetal malformation, mainly congenital heart disease, neural tube malformation, cleft lip and palate and so on.
5. Dietary factors
In addition, folic acid deficiency in food will also increase the risk of fetal neural tube defects and cleft lip and palate.
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hereditary factor
There are also genetic factors that lead to fetal malformation, mainly referring to genetic material abnormalities from parents. For example, parents have abnormal chromosomes and parents carry mutant genes. Sometimes the fertilized egg itself has abnormal chromosome segregation or gene mutation. Sometimes because parents are close relatives, the risk of carrying the same abnormal gene increases, which leads to a significant increase in the incidence of some recessive genetic diseases.
Pregnant women who catch a cold during pregnancy
A mild cold has little effect on the fetus, but a severe cold and fever are likely to cause a series of complications. Fetal umbilical cord infection can seriously lead to malformation.
Older mother
Fetal intrauterine growth retardation and premature delivery are more likely, and the incidence of unexplained stillbirth and congenital malformation will also increase.
Pregnant women who have given birth
If it is a spontaneous abortion, it usually means that the mother is weak and not suitable for childbirth. Pay special attention to pregnancy again. If it is induced abortion, the maternal body has been damaged to some extent, so special attention should be paid to pregnancy examination.