A non-"biological" man who had a biological child sued the hospital for compensation of 300,000

Medical case brief Wang (29 years old) and his wife (27 years old) because of three years of marriage without children, went to the A hospital for fertility examination, A hospital "chromosome report sheet" shows that Wang's nucleation type of 46, XY/47, XXY (G with chromosomal 200 band level), recommended 46, XY/47, XXY chimosail.
46,XY/47,XXY=237。
A hospital informed Wang a couple that this type of nuclear belongs to chromosomal abnormalities, may lead to congenetal chromosomal abnormalities and a higher health risk, it is recommended that Wang a couple using sperm bank artificial insemination insemination.
Because the A hospital does not have a sperm bank, Wang a couple went to the B hospital, B hospital according to Wang a couple provided by the A hospital "chromosome report sheet", the use of sperm bank to Wang a wife for artificial insemination.
queen's wife successfully conceived and gave birth to a daughter.
4 years later, wang a couple in order to meet the desire to have their own children, once again to the B hospital embryo pre-bed genetic examination, and then embryo transfer, but Wang a wife failed to conceive successfully.
After another 3 years, Wang a couple to the C hospital, C hospital sent Wang's sample to the clinical testing center, the test center issued a "report sheet" shows that Wang's nuclear diagnosis is: 46, XY.
and recommendations are: male nuclear type, no abnormalities.
Wang and his wife believe that the test results of A hospital is not accurate, B hospital also did not further test, resulting in its years can not meet the desire to have a child with Wang's genes, causing serious economic losses and mental damage, and then sued the court to ask A, B hospital compensation for medical expenses, transportation, maintenance, moral damages, such as a total of 300,000 yuan.
Court proceedings, Wang to a sanjia People's Hospital clinical molecular diagnostic center for chromosomal nucleotype analysis test, the hospital issued a "clinical molecular diagnostic center chromosome nucleotype analysis report sheet" shows that the test results are nuclear type: 46, XY.
nuclear type evaluation: normal nuclear type.
Wang, A Hospital and B Hospital all approved the test results.
The court of first instance held that the test results of the clinical examination center of C Hospital and the clinical molecular diagnostic center of a Sanjia People's Hospital on Wang's chromosome showed that Wang's chromosome was a normal nuclear type, and both the original and the defendant agreed to the test results.
court confirmed that the test results issued by Hospital A on Wang's nuclear type abnormality were inaccurate.
hospital failed to fulfill its medical obligations corresponding to the level of medical treatment at that time, and made inaccurate test results, resulting in losses for Wang and his wife, A Hospital shall be liable for compensation.
A hospital is a well-known triple-A hospital, B hospital based on the trust in the level of medical care of A hospital, while in order to avoid repeated examination to increase the cost of patients, in the "A hospital chromosome report sheet" test results on the basis of the agreement with Wang a couple of treatment programs, has fulfilled the corresponding medical obligations, should not be liable for liability.
Wang has a legal duty of support and education for his daughter, and does not support Wang's claim that the A and B hospitals should pay maintenance.
A Hospital awarded Wang a total of more than 120,000 yuan in medical expenses, transportation expenses and compensation for mental damage.
A Hospital held that the mental comfort should not support the appeal, and the court of second instance rejected the appeal and upheld the original judgment.
the law briefly analyzes the artificial insemination of children, legally known as human assisted reproductive technology, refers to married couples borrowing modern biotechnology, through unnatural sexual pregnancy of children.
, 11 January 2021, the Office of the National Health Council issued the Guidelines for the Application of Human Assisted Reproductive Technology (2021 Edition), which states that human assisted reproductive technology is artificial insemination by husband, and artificial insemination by fertilization In-body fertilization - embryo transfer, single sperm microinfring technology in ovary plasma, pre-implantation embryo genetic diagnosis technology, human sperm bank and other 3 categories of planning, and put forward a number of requirements, which can be seen the importance of the state for human assisted reproductive technology.
the cause of this case a dispute over liability for medical damage? The difference with previous cases of liability for medical damage is that Mr. and Mrs. Wang did not suffer physical damage, but property damage, and Article 1 of the Supreme People's Court's Interpretation on Certain Questions of the Law Applying to the Trial of Medical Damage Liability Disputes (2020 Amendment) (hereinafter referred to as the "Explanation") stipulates that the case in which a patient requests a medical institution, producer, seller, drug market license holder or blood provider to bear tort liability on the grounds that he or she has suffered personal or property damage in the course of medical treatment.
, the patient did not suffer personal injury, only on the grounds of property damage to sue the hospital, still for medical damage liability dispute.
In this case, Wang and his wife used the sperm of a third person for artificial insemination, compared with the children born naturally, the biological father of the artificial insemination of the child and the legal father can not be combined, naturally will cause the confirmation of father-son relationship problems.
According to the Opinion of the Supreme People's Court on the Legal Status of Children Born by Artificial Insemination during the Marriage Relationship, during the life of the couple's relationship, both parties agree to perform artificial insemination, and the children born to the spouses shall be regarded as children born in wedlock.
26 of the Civil Code clearly stipulates that parents have the obligation to raise, educate and protect their minor children.
In this case, Wang and his wife agreed to artificial insemination, the children born in marriage are protected by the law, Wang a couple has the obligation to support them, according to Wang a couple to ask A hospital to bear maintenance claims without legal basis.
Because the results of the tests done by A Hospital on Wang were inaccurate, so that Wang a couple for many years can not meet the desire to have children with their own genes, will undoubtedly cause serious mental damage to Wang a couple, so Wang a couple asked the hospital for compensation for moral damage relief claims are not improper.
1,218 of the Civil Code stipulates that if a patient is injured in the course of medical treatment and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation.
The Code of Civil Procedure stipulates that "the parties shall have the responsibility to provide evidence in respect of their claims" and that "if a patient claims liability under Article 1,218 of the Civil Code, he shall submit evidence of medical treatment and damage to the medical institution", according to which the case of medical damage liability dispute shall be based on "who claims and who gives evidence". "The rules of proof, Wang a couple submitted evidence, by the court, and both sides have no objection, the facts of the case are clear, the medical side in the course of the trial did not put forward rebuttal evidence, and the trial judge according to its free heart evidence is sufficient to determine that the doctor's fault behavior will inevitably cause mental harm to the patient, so the medical appeal has not been supported by the court of second instance."
(this article is original medical law, based on the real case adaptation, in order to protect the privacy of the parties are using a real name)