Clinic is handled very much the baby also wants to fulfil and tell

Clinic is handled very much the baby also wants to fulfil and tell
The intersection of stamen and Wu Li revitalize the field The brief introduction hospital of the case deals with very much the baby initiates the case one of the dispute: In March of 2005, a burnt some lying-in woman accepted in one hospital that cut open the palace to produce the operation. Because the foetus has already died in the palace before the skill, the death baby one 4 kilogram in weight performing the operation and taking out in the hospital, under undergoing the consent of the lying-in woman, dispose of by oneself according to the medical wastes. Afterwards, the lying-in woman sues the hospital to the court, think the hospital settles the baby's own right of being in know of behavioral infringement very much without authorization, require the hospital to compensate for the losses and make an apology. The court thinks, defendant hospital checkmates the baby to deal with by oneself without lying-in woman's consent through trying, its behavior has infringed the plaintiff's right of being in know. The first instance court makes the defendant hospital and compensates the plaintiff for the legal judgement that spirit conciliates 2000 yuan of gold in accordance with the law. Case two: In October of 2007, a white some lying-in woman gives birth to a severe boy baby who suffocated in one city hospital, done all one can by the doctor all rescue measures proved ineffectualed, baby's death. Lying-in woman and relative make a diagnosis and give treatment to hospital the course gets the objection out of, thought the fault stores in in the medical behavior, demand to offer the economic compensation. This medical dispute, through discussing inside the hospital, think too certain deficiency exists in the medical behavior. Doctors and patients both sides reach the hospital and offer the lying-in woman the agreement of lump-sum economic compensation of 20,000 yuan finally after negotiation. Afterwards, suffer from and then put forward oneself and deal with the baby's requirement very much, but the hospital has already checkmated the baby and pressed the medical wastes, have concentrated on burning and dealing with. Though hospital go on, tell, fulfil in writing signing the procedure while being oral too to lying-in woman already deal with. This move causes and suffers from square dissatisfaction. And then the intersection of doctors and patients and both sides, until baby handle problem consult again extremely, hospital compensate, suffer from again and then die baby handle 8000 of fee, finish dispute just. Stillborn fetus of statement and the death baby's treatment of citing case should be today, our country moved towards legal construction progressively different, consciousness of people's legal system is being strengthened constantly, how the hospital handles the stillborn fetus, death baby, become a problem of deserving the close attention of height, especially before canvassing and handling the method properly, need to define a statement to the laws of the stillborn fetus, death baby. On clinic, stillborn fetus, death baby and stillbirth are close and discriminating medical terms of three pieces of meaning. The stillborn fetus means the lying-in woman, before the childbirth, the death of foetus that caused in the belly due to a certain reasons. Stillbirth is that the lying-in woman is entered and is produced Cheng to the stage that the foetus gives birth to, cause the foetus' death due to a certain reasons, it is mainly regarding production process. The something in common of stillborn fetus and death baby is that foetuses died in the belly before giving birth to. The dead baby means the foetus dies after giving birth to and can breathe independently. Say, the baby at this moment has civil right ability from legal meaning. The treatment of the stillborn fetus, death baby on clinic, our country does not have a clear unified regulation yet at present, some local governments have made the relevant method by oneself. If Shaanxi Province Xi'an Municipal Health Bureau has made " notice on the baby dies to handle management to the medical stillborn fetus of health institution to strengthening ", require at all levels medical health institution to implement the intersection of induced labor and stillborn fetus that skill give a birth and give a birth death baby that lead to the fact normally while being clinical, should be transferred to the city medical wastes to concentrate on dealing with the centre to handle according to the medical wastes. Any medical health institution can't handle the stillborn fetus, death baby at will. I think, the legislative authority of the above-mentioned regulation is insufficient. Stillborn fetus, death baby belong to the attached objects of the bodies of pregnant and parturient women, like lying-in woman's placenta after giving a birth, should belong to lying-in woman. The stillborn fetus of giving a birth as to the induced labor, according to the stipulations of our country's relevant law, the natural person not belonging to legal provision of our country of the stillborn fetus, relatives are not suitable for the stillborn fetus to the rights and obligations that natural person's remain is enjoyed either. The stillborn fetus that draws in the palace dies in the stream of people, induced labor, fetus, belong to the pathology medical wastes, should be concentrated on handling according to " medical wastes management rule " by the medical organization. But consider from the legal attribute of the stillborn fetus, the essential attribute of the stillborn fetus is a thing, can handle according to the medical wastes, and from the point of ethics of " civil law ", this kind of method does not seem fully up to expectations, hope the related departments can make the law to define clearly. For the baby diesing, because has speaking from the legal concept already had civil right ability, will that the hospital should respect lying-in woman and relative while dealing with. If the lying-in woman would like to checkmate the baby to transfer to the medical organization and deal with, can concentrate on dealing with according to relevant regulations; If the pregnant woman suffers from diseases such as hepatitis B, AIDS,etc., the baby dies and is probably infected, in order to prevent disease from spreading, the hospital should fully tell, persuade and suffer from the side as much as possible, deal with according to the regulation of national medical wastes management. Need to pay attention to, no matter which kind of method is adopted handles the stillborn fetus or death baby, want, fill in " stillborn fetus, the intersection of death and baby deal with in the know letter of consent " before this, let, suffer from side, exercise in the know right that agree fully, in order to prevent the unnecessary dispute from taking place. (Author's unit: District hospital of Chang An of Xi'an of Shaanxi Province)

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