The first the intersection of hemophilia and antenatal gene diagnose the lawsuit: The qualification of the hospital becomes the focus

The first the intersection of hemophilia and antenatal gene diagnose the lawsuit: The qualification of the hospital becomes the focus
The first the intersection of hemophilia and antenatal gene diagnose the lawsuit: The qualification of the hospital becomes the focus
Electric question of July 2 of www.chinanews.com: " the antenatal gene of hemophilia is diagnosed " in Shanxi The lawsuit is investigated: Become and dispute author Fan LiFang of the focus in 19,600,000 claim defendant's qualification of the hospital "If the court sentences me to have no fault, then all consequences of this hemophilia child that you should undertake to be given birth to by oneself. " First hospital of mountain Western medicine university (hereafter referred to as " A institute of Shandong University " )Doctor Zheng MeiLing tells the plaintiff before opening a court session - -Zhang Yuan of hemophilia infant father Zhang TaoTao of happiness. 11 years ago, it was Zheng MeiLing that did the inspection before production for Zhang TaoTao's wife, later told Zhang TaoTao, " congratulate you, you can give birth to the healthy baby " ,And is diagnosed the result is " Normal foetus (98% of accuracy) " Laboratory test report last piece to have hand. Now, this laboratory test report becomes and presents the hall card to support. It is known as the first of China that this gets up " The antenatal gene of hemophilia is diagnosed " The case of the lawsuit opened a court session in twice of Taiyuan of Shanxi not long ago. Zhang TaoTao, Mr. and Mrs. Fan Ying sift and check that diagnose the result is wrong, cause the hemophilia infant to be born before production with a institute of Shandong University, it make families whole suffer by agonies enormous at spirit, economy it is from,claim by 19,600,000 yuans from a institute of Shandong University. These more than 19,600,000 ones that include already taking place and therapeutic expenses in 20 years from the day of the lawsuit, this accounts for 95% of the all-inclusive cost. "It must inject every other day now child recombinate each by blood coagulation factor,it is only this item must thousands of yuans, it is more than 10,000 in one month. " Zhang TaoTao says. " kill " personally One's own son piece surging tip Fan for 6 year get married, second year, pregnant Ying Fan with love each other 1997. Because tip Fan the intersection of family and the intersection of blood and person who carries friend, for guarantee healthy foetus, Zhang come Shandong University first institute by TaoTao and Fan Ying Mr. and Mrs., diagnose the antenatal gene of hereditary disease to the foetus. It was this doctor of institute gynaecology and obstetrics Zheng MeiLing that met examining at that time, after she cooperated with BJ Union Hospital to sift checking to the foetus before labor together, the mouth result provided is " The foetus has 95% of the possibilities for the hemophilia patient " ,Require the induced labor immediately. Zhang TaoTao introduces, the case of this characters is just seen on the court after 9 years. Husband and wife undergo an operation tearfully, Zhang TaoTao still remembers the miserable condition at that time so far - -The induced labor of the foetuses of more than 6 months is still alive after coming down, the doctor urges him to sign immediately, hospital go on, punish to foetus, regret he endlessly sit in the intersection of gynaecology and obstetrics and cement of corridor sobing uncontrollably on the ground. " my my one's own son personally ' killed ' " ,Remembered the whole course signed at that time so far, a surging orbit was suffused with red. Give birth to " normal foetus " In 1999, Fan Ying was pregnant again, husband and wife came to a courtyard of gynaecology and obstetrics of Shandong University again, carry on the antenatal gene of hemophilia and sift checking, meeting the doctor that examines remains Zheng MeiLing. At 3 o'clock on the the afternoon of July 2 in the same year, Zhang TaoTao got the survey report, " normal foetus (98% of accuracy) " . In one is surging inquires when needing to reexamine, Zheng MeiLing has given up his doubt. She tells Zhang TaoTao, " if really worry, after the child born ined, we fetch the funicular blood and test and do check once again for you. " On January 28, 2000, Zhang Yuan's happiness was born smoothly. When Zheng MeiLing came to the delivery room, because the placenta had already put into the refrigerator, fetching the funicular blood was reexamined and had not gone on. But MeiLing Zheng tell Ying Fan whether needn't worry, accept pieces of surging wedding candy of Mr. and Mrs. cheerfully. Zhang TaoTao says, it know by Shandong University one institute and a corresponding " the mother and baby health care technological service licence " Zheng MeiLing at that time at all at that time he with <>, and not possess at all and engaged in this and have highly medical knowledge and condition and ability of the technology. The normal foetus turned into the afternoon of September 16, 2003 of serious disease and blood friend's disease of the body, the left foot injury bled when Zhang Yuan's happiness played, still blood flow is incessant after wrapping up. One was surging married couple lived in the children's hospital of Shanxi taking children the next day. Unless September 17, under hospital notice critically ill, it last result as "first in hemophilia? " . "Hospital suspect child to be blood coagulation function bad just too. " Zhang TaoTao comforts the wife, after blood transfusion arrests blood, Mr. and Mrs. Zhang TaoTao comes to a institute of Shandong University to find Zheng MeiLing again, want to reexamine for the child, but is told " check " . After from then on, once the child bled without end, Mr. and Mrs. Zhang TaoTao will be bringing the child and seeking medical advice everywhere, does every hospital obtains different results, " function obstacle of blood coagulation, hemophilia? " ,Because our country knew to hemophilia actually few at that time, there were few relevant experts. In 2007, BJ Union Hospital sends someone to come to Shanxi to sift and look into free hemophilia, draw the intersection of tip and father and blood specimen of son Fan examine back to Beijing. The examining report form returned at the end of the year in the same year lets Mr. and Mrs. Fan Ying nearly collapse, the report reveals " Zhang Yuan's happiness is heavy-duty hereditary hemophilia " ,Mountain the intersection of sophomore period and the intersection of institute and hematology make a definite diagnosis of " infant first type for hemophilia further and then, it is the heredity " . Originally thought it was a normal foetus, turned into the serious disease hemophilia patient of body overnight, it is undoubtedly a fatal blow to this family. It accounts for more than 95% to claim the therapeutic fee of 19,600,000 yuan In March of 2008, Zhang TaoTao, Mr. and Mrs. Fan Ying will sift and check that diagnose the result is wrong, cause the hemophilia infant to be born before production with a institute of Shandong University, it make it it is after suffering by agonies enormous at spirit, economy families whole from,inform Shandong University one institute whether last Taiyuan city intermediate people's court, expenses such as medicine, nursing of the claim child,etc., it is 19,600,000 yuan altogether. It bleeds to be already right the intersection of leg and disabled child seriously constantly for treat this piece at that time, originally happy family has already confided all all, wife Fan Ying, too in order to look after children, have quited job. According to the introduction of Zhang TaoTao, these more than 19,600,000 ones that include already taking place and therapeutic expenses in 20 years from the day of the lawsuit, only this accounts for more than 95%. "The child must inject it once and recombinate blood coagulation factor every other day now, it takes thousands of yuan each time, it is more than 10,000 in one month. " The others attend to fee, spirit and damage and conciliate gold, family education fee etc.. It is reported, hemophilia is that a group of shortage because of some blood coagulation factors in blood causes the patient to produce heredity bleeding disease of the serious blood coagulation obstacle, it is the main clinical manifestation of this disease to bleed. The main ill crowd of hemophilia is men, women, for the persons who carry. Chinese Medical Association's blood credit is known to Vice Chairman Zhao YongQiang this year " The day of hemophilia in the world " Say, hemophilia is through the current detection method, the great majority can find the gene defective position while accepting interview, say assessment and pre-natal diagnosis of the persons who carried can raise healthier, better educated children before passing pregnancy in theory, but by Diagnose involving the gene, the risk is very high too, it is very strict to make the restriction of medical organization that this antenatal gene diagnose at present. The legal adviser of a institute of Shandong University Yang Li introduces, up till now, this institute has only done the antenatal gene of hemophilia to sift checking alone for Fan Ying too. Open a court session twice hospital and their the intersection of doctor and qualification become, dispute focus plaintiff attorney lawyer of trader lawyer's office Guo Li win the Jin Dynasty such as Shanxi, Hou JunLei and Shanxi sped Xu DuSheng, director of lawyer's office, visited hemophilia famous expert and corresponding law expert in our country the Jin Dynasty, and issued the view from the legal angle on this. Guo LiSheng says, " law on health care of mother and baby " ( implemented from June 1, 1995) " health care special technological service permission and personnel's qualification management of mother and baby " which article 32 and Ministry of Public Health released (Ministry of Public Health released on August 7, 1995) Article 2 stipulates clearly, the medical health institution launching the technological service of pre-natal diagnosis, must be sanctioned by the provincial administrative department of department of public health, obtain " health care technological service job qualification cards of mother and baby ", and time when a institute of Shandong University obtained " health care technological service job qualification cards of mother and baby " for the first time was 2006. 10th regulation of " health care special technological service permission and personnel's qualification management of mother and baby ", the personnel engaged in the pre-natal diagnosis servicing, must obtain " the health care technology of mother and baby examines the certificate of competency ". And the materials that a institute of Shandong University offers reveal, doctor Zheng MeiLing had not obtained " the health care technology of mother and baby examined the certificate of competency " that year. On July 15 of 2009, this case will open a court session for the first time. On May 25, 2011, this case open a court session twice, a institute of Shandong University should tell on the grounds that it is sheerly the gene mutation that Zhang Yuan's happiness suffers from hemophilia. "But they have not proved with evidence, only have several copies of documents and materials copied from magazine to ' gene mutation '. " Xu DuSheng says. Guo Li wins, Hou JunLei and Xu Du give birth to three lawyers to think, the intersection of Shandong University and one institute wrong pre-natal diagnosis to cause Zhang make the mistake and bear the only medical instruction chosen by TaoTao, tip Fan in result, the birth of Zhang Yuan's happiness has direct causality. A institute of Shandong University: The question directed against hospital and doctor qualification that there is lagging behind nature in the institutional improvement, a courtyard of legal advisers, this case attorney Yang Li of Shandong University introduce, the birth control research room of gynaecology and obstetrics was established in 1977 in a institute of Shandong University; The second laboratory of medical subcenter of heredity was established with the approval of department of public health of Shanxi in 1989; The department of public health of Shanxi issued " health care technological service operation licence books of mother and baby " for a institute of Shandong University in accordance with the law in March of 2006, have also awarded " the health care technology of mother and baby examines the certificate of competency " to the relevant personnel, and confirm a Zheng MeiLing, doctor of institute, of Shandong University consults (direct against every fetus age foetus) for heredity , the contact checking in cell heredity and molecule heredity. This Zheng MeiLing, doctor of institute, accepts various training regarding hereditary research successively since 1991 too, deliver the relevant thesis at the national-level academic publication, wait for, Yang Li says, the tinkling of pieces of jade of the enough to prove Zheng's plum has operating and analytical capacity of fruiting of pre-natal diagnosis. Though the country stipulated while launching the mother and baby technological service in 1995, hospital and doctor should obtain the relevant certificate, but in 2001, 2003 and complete successively afterwards one instead of related authentication, issuing the card system, the lagging of this kind of institutional improvement, can't assert it is illegal that a institute of Shandong University is offering diagnosis, pre-natal diagnosis technology of hereditary disease service. Yang Li provides one for reporter and inscribes " The office of department of public health of Shanxi " The Jin Dynasty if you can't defend, do on memorandum,think issue by " the mother and baby health care technological service permission and personnel qualification managements special " 1995 Ministry of Public Health its content, stipulate pre-natal diagnosis organization and personnel need provincial health authorities to permit examining and approving, as to launch relevant organization and personnel of work require in 6 months after " method " has been implemented making up the examination and approval procedures already before this; But Ministry of Public Health issue " the the intersection of mother and baby and the intersection of health care and special the intersection of technological service and basic standard ", make the regulation to standards such as pre-marital medical check,etc. only at the same time, especially mark out: The diagnosis of hereditary disease and standard of the pre-natal diagnosis technological service are late coming. The technological service of pre-natal diagnosis permits that just there are objective bases after beginning to implement " technological management of pre-natal diagnosis " on May 1, 2003; And because particularity and high risk of the pre-natal diagnosis technological service, through various training, Shanxi just issued regulations such as " organization's entry standard of pre-natal diagnosis of Shanxi ",etc. in 2005, begin to examine and authorize medical organization and personnel engaged in pre-natal diagnosis formally. In a situation that Mr. and Mrs. Zhang TaoTao agrees to the court mediation, a institute of Shandong University refuses to mediate. Both sides are waiting for court's judgement at present. (End)


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