Knowing consent is not the exemption card, Longkou Maternal and Child Health Hospital was sentenced to more than 460,000 yuan!

The signing of informed consent in the process of medical care has become the norm, and it is something that every patient has experienced. In the usual cognition, the informed consent is to avoid the risk of medical disputes. But in fact, avoiding risks is not the legal significance of informed consent, but an important manifestation of patients to participate in diagnosis and treatment. The purpose is to allow patients to know the disease -related information and then agree with the diagnosis and treatment of the medical party, and at the same time understand and accept the risks accompanied by disease treatment. This risk generally refers to the risks that are unpredictable or foreseeable but unavoidable. It should be noted that this risk does not include human fault. The damage caused by human fault is exempted by the agreement, which does not meet the law and is also an invalid agreement.

Take a look at a case and understand it intuitively.

One day in the early summer of 2018, Ms. Peng, a city of Longkou City, Shandong Province, gave birth to a daughter at the Maternal and Child Health Hospital of Longkou City. Since the occurrence of pregnancy, Ms. Peng has been conducting regular prenatal inspections in the hospital. After being admitted to the hospital, all the display showed that the body was suitable for delivery, so it was decided to take delivery by giving birth.

However, an accident occurred during the production process, because the fetus had a huge shoulder -to -shoulder production, which eventually led to Ms. Peng's daughter's right arm bush nerve injury.

Ms. Peng believes that due to the negligence and irresponsible diagnosis and treatment attitude of the hospital, the fetus was huge and the risks that may occur. Accessors in the mother, and was diagnosed with a right arm clphonic nerve injury after production.

Ms. Peng sued to the court and asked Longkou Maternal Maternal and Child Health Come on Medical expenses, disabled compensation, and mental damage to sole.

Longkou Maternal and Child Health Hospital believes that the hospital has not violated the rules, rules and regulations, and diagnosis and treatment routine during the entire diagnosis and treatment process. Ms. Peng had no abnormalities during pregnancy. After admission, all the physical examinations were suitable for the condition of the delivery. When admitting to the hospital to explain the consent of the Shunshu, Ms. Peng signed and expressed the complications of Shunshu on the informed consent, including neonatal luster nerve injury and fracture.

The hospital advocates that there is no error accident in the Intermediate People's Court in Ms. Peng's diagnosis and treatment. The incident is because the existing medicine has certain limitations. Some obstetric complications occur for a moment. In order to measure some risks, some risks still cannot be completely avoided.

The opinion of judicial appraisal shows that Ms. Peng's daughter's daughter's right upper limb muscle decreased constitutes eight -level disability. There is a fault in the medical behavior of Longkou Maternal and Child Health Hospital. There is a causal relationship between the consequences of the patient's damage. Essence

After the trial, the patient believed that the patient was damaged during the diagnosis and treatment activities, and the medical institution and his medical staff had fault, and the medical institution shall bear the liability for compensation. Therefore, the Longkou Maternal and Child Health Hospital shall bear the liability for compensation for the damage. According to judicial appraisal, the hospital should bear 80%of the liability for compensation.

In the end, the court judged that the Longkou Maternal and Child Health Hospital compensated Ms. Peng's economic losses of more than 460,000 yuan, and the subsequent treatment costs were advocated separately after the actual occurrence.

The emergence of informed consent stems from legal regulations: medical staff should explain to patients during diagnosis and treatment activities. Those who need to implement surgery, special examination, and special treatment, medical staff shall promptly explain the medical risks, alternative medical plans, etc. to the patients, and obtain their clear consent; And obtained its clear consent.

In other words, the informed consent in the medical process is a proof that the medical institution has fulfilled the obligation to inform the patient and the patient has effectively aware of the relevant medical conditions, and it is also a major way of communication between the doctors and patients on the diagnosis and treatment plan.

Therefore, the signing of the informed consent not only represents the inherent risk and accidents in the diagnosis and treatment process, and the responsibility for losses. Whether the medical behavior is subjectively faulty, whether it meets the medical routine. Within scope of desertation. In other words, the part of the "hospital is not responsible" or "the hospital does not bear any responsibility" in the informed consent. If the medical staff has medical faults during the diagnosis and treatment of patients, and the consequences of the patient's personal damage, the medical institution should still bear civil liability.

Text/Xiao Hualin

Edit: Li Jinwen

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