Zhaotong HIV-1 infected women to the hospital blood transfusion claims 5,000,000
http://www.yunnan.cn Published Friday 2009-02-27 15:33:50 Source: Yunnan Net
One women Zhaotong blood transfusion shortly after confirmed by the detection of HIV infection, then the two related hospital告到法院, claims anti-virus treatment costs, treatment costs of opportunistic infections that a total of 500 million yuan. Zhaotong Court of First Instance judgments responsibility hospital 39 million yuan compensation for her, she is too low to compensate for lack of treatment on grounds of appeal to the省高院.
For AIDS twice a blood transfusion process
June 7, 2006 to 11, 44-year-old Arab-Israeli women Zhaotong Zhaoyang District Council (a pseudonym), because of anemia, to Zhaotong City Second People's Hospital hospitalization. June 10, the hospital due to blood transfusion, taking into account the needs of the next day, on the Arab-Israeli will to do the AIDS antibody test, the test results come out on the 15th, were negative.
Afghanistan will be on the 11th in Zhaotong City Second People's Hospital of blood lost after 13 to 21, went to Zhaotong City First People's Hospital hospitalization. June 17 morning, the hospital also required a blood transfusion because of the afternoon will be conducted on the Arab-Israeli AIDS antibody test results on the 19th, saying that Afghanistan would be the reference value of the AIDS antibody-negative to be reviewed.
June 21, Afghanistan will be discharged, Zhaotong City First People's Hospital recommends that she went to City Center for Disease Control and Prevention once again to do AIDS antibody testing, the Arab-Israeli post-test will be prescribed, on the 29th to get "HIV-1 antibody-positive" result. Abu Arab's husband, also 23 to City Center for Disease Control and Prevention AIDS antibody detection, the results were negative.
Ah will seek medical attention everywhere they spend enormous circumstances, selection will eventually Zhaotong City First People's Hospital, the Second People's Hospital sued Zhaotong in hospital, she believes that in the hospital before transfusion testing has proved not infected with HIV, her husband has not infected, she finally was infected with two in the hospital are the consequences of blood transfusion, the hospital should shoulder the responsibility. Zhaotong will request the Arab-Israeli Court orders defendant to pay her two blood transfusions infected with HIV antiviral therapy required fees 2,016,000 yuan, opportunistic infections required treatment costs 2.24 million yuan, 206,600 yuan for life care, mental solatium 50 million, totaling 500 million yuan.
Court two hospital indemnity 390000
In 2007, the Court of First Instance case Zhaotong, Zhaotong City Second People's Hospital "for the Arab-Israeli lose blood for clinical use of blood consistent with the standards", "Afghanistan will be no fault of the clinic" and "the other side there is no evidence" and other reasons, the request court it does not bear any responsibility. Zhaotong City First People's Hospital have also been a corresponding reply, said that same "no fault", the request of the Arab-Israeli court rejected their claim on.
Zhaotong Court hearing believe that the two defendants the burden of proof should not prove a blood transfusion before the Arab-Israeli will have been infected with HIV, and two hospital clinics will be conducted on the Arab-Israeli medical records are not perfect, of course not the day of blood transfusion records, unable to determine the two houses blood transfusion process for compliance with the norms. In addition, Albania will be required for blood transfusion, are not an emergency blood transfusion, but conventional blood transfusion, both defendants were in the AIDS antibody test results are not yet out of Afghanistan will be given prior to blood transfusions, contrary to the purpose of testing before transfusion. This shows that the two hospitals will be on the Arab-Israeli process of clinics, omissions exist.
Zhaotong said Court, both defendants will respond to the Arab-Israeli compensation for HIV infection, but will be filed, taking into account the Arab-Israeli treatment of the costs are too high, then by 20 years of computing standards, the verdict Zhaotong City First People's Hospital and the Second People's Hospital, Ah the compensation will be 192,500 yuan, making a total of 38.5 million yuan, the cost of litigation by the two equal shares.
This decision was handed down, the Arab-Israeli and the two defendants will not agree to省高院appeal, ruled that省高院Zhaotong remanded the case to the court in a retrial.
Re-trial is not the first hospital dedicated Tam
Zhaotong in the hospital again, after hearing, finds that Zhaotong City First People's Hospital is not liable, Zhaotong City Second People's Hospital while the burden of proof should not prove that the hospital would go to Afghanistan before transfusion has been infected with HIV, but also the burden of proof should not prove their own behavior and clinics Afghanistan will be infected with HIV there is no causal relationship, it is determined by its responsibility. Finally, Zhaotong Court ruling Zhaotong City Second People's Hospital of compensation will be 39 million yuan Ah, the First People's Hospital assumes no liability will be rejected by the Arab-Israeli request of other proceedings. Afghanistan will be shared by more than 4.3 million in litigation costs, the court decided to exempt.
After the announcement, the Arab-Israeli will appeal. In her view, their own HIV infection, the need for anti-virus and opportunistic infections treatment, the spirit has also suffered severe damage, but this part of the compensation court do not support the request, resulting in the compensation awarded by the number too low, can not guarantee that Her treatment required, the request for revision省高院.
At present, the case has entered the second-instance procedure, the next few days will be heard.
Reporter Jiangfeng (Yunnan information newspaper)