Unable to afford the 2000 yuan for hospital charges, labor pregnant women were turned away. A child was born in the hospital waste basket on the verge of death. The pregnant woman took the hospital to court, claiming 220,000 yuan. The first-instance court ruled that the pregnant woman should receive 75,000 yuan in compensation from the hospital. The hospital appealed against the sentence. Recently, Wuhan City Intermediate People’s Court upheld the conviction in the final appeal.
An IOU would not come into play to ensure that doctors act responsibly.
On the morning of November 5 last year, pregnant woman Wang was about to give birth and came to a hospital in Hankou accompanied by villagers. After diagnosis by Doctor Yu, Wang was in the third trimester of pregnancy and should enter the maternity hospital for observation, paying a 2000 yuan admission fee. Wang's family could only pay 500 yuan, but Doctor Yu did not agree with Wang's admission to the hospital, and Wang was refused entry at the door.
Standing in the hospital corridor for almost an hour, the doctor said that since the hospital charges had not been paid in full by Yu, according to regulations, admission procedures could not be applied for. The pregnant woman in pain cried in the corridors. In desperation, Wang's husband, who worked at the waste station, rushed to the hospital, begging the doctors and laying down an IOU, promising to make up the medical costs.
Doctor Yu immediately agreed and wrote that it was about time for birth. When fellow doctor Yu was asked for help again, Yu did not care. At 10:30 AM, Wang delivered a fetus, a boy, in the waste basket of the gynecological examination room. By the time the doctor arrived at the scene, the boy had died.
The hospital was sentenced to bear significant responsibility.
After numerous unsuccessful negotiations with the hospital over his wife's case, on January 5, Wang sued the hospital, claiming 220,000 yuan.
During the trial, Mr. Wang stated that due to the hospital's delay, the delivery time was missed, resulting in the death of the newborn child. The hospital was at fault and should bear full responsibility. The hospital representative argued that the child had always been stillborn, the hospital did not neglect its duty, and there was no fault.
The first-instance court ruled that for acute patients, doctors should provide first aid and not reject them. A pregnant woman giving birth in the hospital room without receiving medical care resulted in the infant's death. The hospital was at fault and should bear 90% responsibility, compensating the pregnant woman with 75,000 yuan. Additionally, the pregnant woman and her family did not try to take security measures, failing to fulfill their obligations of care and nursing, and should also bear some responsibility.
After the announcement, the hospital appealed against the sentence. Recently, Wuhan City Intermediate People’s Court found that hospitals should aim to heal the sick and should not turn away pregnant women because they cannot prepay the inpatient hospital charges. The hospital should bear the main responsibility. The final appeal dismissed the appeal and upheld the original verdict.
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