The blood transfusion of citizen in Jiaozhuo suffered from third liver in 12 The court tries the hospital and loses a lawsuit two times

The blood transfusion of citizen in Jiaozhuo suffered from third liver in 12 The court tries the hospital and loses a lawsuit two times
The blood transfusion of citizen in Jiaozhuo suffered from third liver in 12 The court tries the hospital and loses a lawsuit two times
Reporter He Zhong has a patient in Jiaozhuo to move in the People's Hospital, Jiaozhuo because of the industrial injury, it is therapeutic to transfuse blood; 12 years later, the patient is checked out and infects third liver (chronic poisoning of virus hepatitis C-modely) . Yesterday, the reporter learnt, the People's Hospital, Jiaozhuo was sentenced to compensating a patient for 26889 yuan for this on April 2. Incident blood transfusion infected in third liver and September 2, 1996, Jiaozhuo citizen Li (born in 1969) Because the treatment of the People's Hospital, Jiaozhuo lives in the industrial injury. Record institute case history,Li because operation blood transfusion 600 mls. In November of 2008, Li is found and already in the modern health physical examination centre of the market of Jiaozhuo infected third liver, tests and makes a definite diagnosis of through Jiaozhuo city second the People's Hospital subsequently; On December 9 of the same year, Li was in the hospital treatment of Jiaozhuo city third the People's Hospital, it is C-mode for chronic poisoning of virus hepatitis to be made a definite diagnosis of, leave hospital after taking a favorable turn on February 10 of 2009. Then Li is to the claim of blood station of city center of the People's Hospital, Jiaozhuo and Jiaozhuo, because both sides consult and have no result, Li litigates to the liberation district people's court of the market of Jiaozhuo in March of 2009, require the blood station of city center of the People's Hospital, Jiaozhuo, Jiaozhuo to compensate for several expenses of 73189 yuan such as its medical treatment,etc.. Debate fiercely, input, enter whose the intersection of blood and the intersection of Jiaozhuo and the intersection of city center and blood station offer test result to prove really: Supply Jiaozhuo with the intersection of city and the intersection of the People's Hospital and two 400 blood (blood donor the 1693rd in No. in bag in sweet-smelling blood Li that year, blood donor's king's gentle blood bag brass-wind instrument is the 1692nd) ,Resist HCV (the hepatitis C antibody) It is negative, will not cause the Li virus to infect, should not bear compensation responsibility at all. Inquire Jiaozhuo the intersection of city and the People's Hospital record, find blood of institute this cooperate, report at the form recording two blood these each 400 ml alternately while being relevant, but it is 3 bags that the case history operation gives Li blood transfusion while recording, each bag is 200 ml, it is 600 ml altogether. As to this, admit in the People's Hospital, Jiaozhuo. Liberate district people's court, think although hospital record, defeat by blood of Li the intersection of Jiaozhuo and the intersection of city center and Li, the intersection of king and two blood of people that blood station offer in case history try, distinguish, indicate, apply to, mix blood at the form while matching the blood, can't prove use its the intersection of centre and Li, blood of king that blood station offer. Meanwhile, the hospital can't prove either that has not input others' blood, evidence does not prove even more its medical behavior and Li are infected with third liver virus and had no causality, so should bear compensation responsibility. Appeal the patient suffers from third liver without transfusing blood for May 6 of 2009, the liberation district people's court of Jiaozhuo will adjudiacate in the first instance: Jiaozhuo city the People's Hospital compensate Li for and spirit damage conciliate King ' 10,000 yuan) Every loss inclusive adds up to 26889 yuan. Refuse to obey adjudiacating in the first instance, puts forward appeal to the intermediate court of Jiaozhuo in the People's Hospital, Jiaozhuo, and debate and claim the hospital was gathered by blood station for the liquid that Li transfused blood, it was the blood used in clinic, should not bear compensation responsibility as the medical organization, Li was in hospital blood transfusion in September of 1996, find in November of 2008 that infects third liver, this has already exceeded incubation period when third liver will be infected; Moreover, blood transfusion is not the only route to infect third liver, so third liver of Li's is not blood transfusion was caused, the school should not bear responsibility. The court examined and sentenced the hospital to lose a lawsuit two times the blood station of city center of Jiaozhuo claimed firmly finally, the blood station gathers 400 ml for each bag of blood, but record in Li's statement and case history it is 600 ml, each bag is 200 ml, so the liquid that Li transfused blood was not offered by blood station. "It is not enough to prove the party's fact is advocated that there is no evidence or evidence, the party shouldering the responsibility of putting to the proof undertakes the unfavorable consequence. " Jiaozhuo the intersection of city and intermediate court think the People's Hospital, city of Jiaozhuo, distinguish, indicate, apply to, mix blood at the form while matching the blood try, so school can't prove, transfuse blood the intersection of liquid and the intersection of department and Li, blood of king that blood station offer by Li. About " incubation period " The question, because can not offer scientific basis out in the People's Hospital, Jiaozhuo, so should maintain the court refuses to adopt the letter. Then the intermediate court of Jiaozhuo makes the judgement: Reject the appeal, uphold decision. " don't transfuse blood without transfusing blood " Close to remind it according to " southeast bulletin " of April 15, Ministry of Public Health cures Zhao MingGang, Vice chief of policy department, to call upon the public to establish correct using the blood idea on April 14, " don't transfuse blood without transfusing blood " . "The human cognition of blood is still very limited at present. " Zhao MingGang says, before 1995, the project checked sifted has not included HIV (HIV) while donating blood for example ,Because our country had not found this kind of disease yet at that time, there is no effective detection means. "Though we have adopted a series of means to guarantee quality and security of the blood, but the use of the blood is risky eventually. " Zhao MingGang says, not only in China, in the world, hepatitis B, third liver, syphilis, HIV, its detection had window one. So, even if we examine by best reagent, the most scientific method, the most sensitive instrument, the best personnel, have critical days of one period not to check out. "The blood is a kind of allogenic albumen after all, may arrange the different response. " Zhao MingGang says, must establish correct using the blood idea, blood transfusion is only when having to use, when there are no other treatment meansing, we choose to use.


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