The woman produces the teratogenesis and claims 400 000 The hospital is asserted and has not rejected the lawsuit by mistake

The woman produces the teratogenesis and claims 400,000 The hospital is asserted and has not rejected the lawsuit by mistake
During pregnancy, Ms. Gong goes to one healthcare hospital for women children to check many times, but the hospital has never told her that the foetus has unusual or deformity. But after pregnant one of October putting up with hardships, Ms. Gong produces the next baby in congenital malformation. Ms. Gong and husband are regarded as the birth that the fault of the hospital causes the teratogenesis, then a copy of pleadings informs the hospital to the court. A few days ago, the court of Changning district rejected the claims of Ms. Gong.
29 -year-old Ms. Gong lives in the Minhang District this year. On January 28 last year, Ms. Gong pained because of the underbelly, the husband would bring her to one healthcare hospital for women children to check at once, the hospital diagnoses as " Ectopic pregnancy waits to arrange " . After this, the husbands all take Ms. Gong to check in this hospital each time.
In April of the same year, Ms. Gong, while checking in the hospital, supersonic wave was pointed out to " see the high echo in the strip in the bag " ,But doctors have not made any treatment to her. Two months later, check and point out and present the anomaly again in Ms. Gong's supersonic wave, but doctors have not made any treatment to this either. Hereafter, Ms. Gong make, check by supersonic wave two times, these twice checked and did not become abnormal. Last September, Ms. Gong gave birth to a baby, she found such symptoms as children had little inborn ear deformity, right external auditory canal that were locked, and the baby's other auricle only keeps a little, have situations such as obvious size faces,etc.. Ms. Gong and husband are unable to accept this reality, they think because the fault of the hospital cause the teratogenesis to be born, the hospital infringes right of being in know and right to choose of husband and wife, cause the great spiritual injury to them, then a copy of pleadings lodges a complaint against this healthcare hospital for women children, demands to compensate for 400,000 yuan such as medical fee.
In the court's trial, the hospital thinks totally the routine carries on medical care for Ms. Gong according to making a diagnosis in the school, any fault does not exist, does not agree with the request of the plaintiff's lawsuit. The hospital applies to court for the technical appraisement of the malpractice in January of this year, but because Ms. Gong refuses, determine that fails to go on.
Court think content that Ms. Gong state have medical history record and supersonic wave check single and neonate attend to record etc. as the evidence try, but because Ms. Gong rejects the malpractice technical appraisement of application of the hospital, it is unable to prove there is causality in the neonatal deformity and medical behavior of hospital, and the plaintiff is unable to offer the conclusive and effective evidence to prove one's own opinion. In view of the above, the court has rejected all claims of the plaintiff's. (Dong Xu Yuan Wei)
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