The hospital miscalculated the weight of the fetus during the examination, and chose Ms. Zhang who delivered naturally because the fetus was too large dystocia As a result, the left upper arm of the baby is unable to move after birth, constituting Grade VIII disability. The reporter learned yesterday that the final judgment of the Second Municipal Intermediate People's Hospital of Daxing District Hongxing Hospital was that the hospital was at fault and compensated the children more than 200000 yuan.

　　 The mother of the disabled baby boy sued the hospital

On November 11, 2012, Ms. Zhang gave birth to a baby boy in Daxing District Hongxing Hospital. The baby was born naturally and weighed 4.1 kg. He was found unable to move his left upper limb and unresponsive to stimulation. He was immediately transferred to the General Hospital of the Beijing Military Region of the Chinese People's Liberation Army for treatment. The baby was diagnosed as left parturition Injury of brachial plexus 。

On April 15, 2013, Ms. Zhang took her child to the Second Artillery General Hospital of the Chinese People's Liberation Army for treatment. She was also diagnosed with left obstetrical brachial plexus injury, and was operated under general anesthesia on the 23rd of the same month. Regular reexamination is required after discharge, and it is possible to have a second operation.

Ms. Zhang said that her son's illness was caused by the fault of Red Star Hospital in the medical process. She and her husband sued on behalf of their son and asked the hospital to compensate more than 600000 yuan for medical expenses, mental loss, etc.

Red Star Hospital argued that its medical behavior was in line with medical standards and there was no fault. The brachial plexus injury of Ms. Zhang's son is a complication of shoulder dystocia, which has no causal relationship with the hospital's diagnosis and treatment behavior, and we do not agree to make compensation.

　　 The hospital is responsible for wrong diagnosis and treatment

The first instance of Daxing Court found that on November 5, 2012, Ms. Zhang went to Hongxing Hospital for medical treatment due to pregnancy and childbirth. After admission, the hospital estimated that the fetal weight was 3.2 kg. Ms. Zhang chose to have a natural birth.

After Ms. Zhang gave birth, the actual weight of the fetus was 4.1 kg, belonging to Giant 。 The error between the fetal weight evaluated before delivery and the actual fetal weight after delivery is 0.9 kg. When Red Star Hospital explained the delivery risk and delivery mode selection to Ms. Zhang's family before delivery, the family chose to deliver on their own only after the explanation was made based on the error of the estimated fetal weight of 3.2 kg. This eventually led to the birth of the baby left brachial plexus injury.

The identification shows that the injury of Ms. Zhang's son constitutes Grade 8 disability. And the identification confirmed that the Red Star Hospital did not reassess the fetal weight in the medical behavior of Ms. Zhang's delivery. One week after the admission of the pregnant woman, the situation of the fetus was still not assessed, nor did it carry out targeted risk notification and guidance with her family members.

Red Star Hospital has faults in the process of diagnosis and treatment, and there is a certain causal relationship between its faults and the damage consequences. The participation of medical faults is common, that is, the medical fault behavior of Red Star Hospital constitutes an infringement of the right to health of infants, and it should bear the corresponding liability for compensation.

　　 The hospital was awarded 200000 yuan in the final judgment

The Daxing Court believed that, according to the actual situation of the case and the expert opinion, it was comprehensively determined that Red Star Hospital should bear 50% of the compensation liability, and in August 2014, the first trial decided that Red Star Hospital should compensate children for medical expenses and other losses totaling more than 200000 yuan.

After the judgment, Ms. Zhang and her husband refused to accept it and appealed to the court to increase the child's nursing fees. The Second Intermediate People's Court held that the scope and items of compensation determined and discretionary by the court of first instance according to law were appropriate. The plaintiff believed that the amount of nursing fees determined in the original judgment was low, but failed to provide new evidence, so the court did not support it and upheld the original judgment in the final instance.