After being bitten by a dog, Ms. Hu went to the center for Disease Control and prevention for diagnosis and treatment, and received her rabies vaccination service. The medical staff and medical staff used the 2-1-1 procedure to inject four doses of rabies vaccine three times for Ms. Hu. Ms. Hu’s right upper arm was injected with the last dose of rabies vaccine, and her right upper limb developed redness, pain, numbness, and deltoid weakness. Ms. Hu visited many hospitals and suspected diagnosis or diagnosis of right upper limb nerve injury.
Ms. Hu believes that the center for Disease Control and prevention of a rabies vaccine injection activities, there is a diagnosis and treatment fault, resulting in injury, and asked to bear the liability for fault compensation. However, the center for Disease Control and prevention thought that Ms. Hu’s injury had nothing to do with her treatment behavior, and she refused to pay compensation because she had no fault in diagnosis and treatment activities.
in the lawsuit, according to the application of the plaintiff Ms. Hu, the court of first instance entrusted the Judicial Expertise Center to identify the diagnosis and treatment behavior of the defendant a disease prevention and control center. The result was that the defendant had medical fault in the process of medical service for MS. Hu, and the medical staff of the prevention and control center did not fulfill the obligation of informing in the process of diagnosis and treatment of Ms. Hu, which led to Ms. Hu’s diagnosis and treatment The injury of Ms. Hu, the plaintiff, has constituted grade 10 disability. On this basis, the court of first instance ruled that the center for Disease Control and prevention should compensate Ms. Hu for all losses of 110000 yuan, including medical expenses, lost work expenses, disability compensation, and spiritual damages.
the center for Disease Control and Prevention (CDC) a was not satisfied. She thought that the redness, numbness and pain of her right upper limb after intramuscular injection of rabies vaccine belonged to the abnormal reaction of vaccination. After the incident, it was reported according to law and identified by the expert group. It was concluded that there was no fault in the abnormal reaction of vaccination. Appeal and apply to the court of second instance for reexamination on the basis of overtime appraisal and insufficient appraisal conclusion. The second instance law rejected the appeal and upheld the original judgment.
everyone has been vaccinated to prevent disease. Vaccines refer to the preventive biological products used for human body immunization to prevent and control the occurrence and prevalence of diseases, including immunization planning vaccines and non immunization planning vaccines. China implements the immunization program system. Residents living in China shall have the right to receive immunization programs according to law and fulfill their obligations to vaccinate them. Rabies vaccine should be the most common non immunization program vaccine in life, in addition to the immunization program vaccine provided by the government free of charge. In our daily life, various disputes caused by non-standard vaccination often occur. Medical and health personnel should strictly follow the vaccine management laws and regulations and vaccine injection diagnosis and treatment standards, so as to avoid personal injury to patients due to medical malpractice.
medical and health personnel shall inform the recipients or their guardians of the varieties, effects, contraindications, adverse reactions and on-site observation of the vaccinated vaccine, inquire about the health status of the recipients and whether there are vaccination contraindications, and record the information and inquiry truthfully. The recipients or their guardians shall provide truthful information on the health status and vaccination contraindications of the recipients. If there are contraindications for vaccination and cannot be vaccinated, medical and health personnel shall put forward medical suggestions to the recipients or their guardians, and truthfully record the medical suggestions.
before the implementation of vaccination, medical and health personnel should check the health status of the recipients, check the vaccination contraindications, check the vaccination certificate, check the appearance, batch number and expiration date of vaccines and syringes, and check the name, age, product name, specification, dose, inoculation site and inoculation route of the vaccinated person according to the requirements of vaccination work specifications Vaccination can be carried out only after the vaccination certificate is consistent with the vaccine information.
medical and health personnel shall vaccinate those who meet the vaccination requirements. If the recipient has adverse reactions during the observation period, the medical and health personnel shall take timely treatment and other measures in accordance with the requirements of vaccination norms.
back to the rabies vaccine injection in this case, the original article 3 of the Ministry of health stipulates: “after determining the exposure level, the doctors in the rabies prevention and disposal clinic shall immediately carry out wound treatment according to the needs; after informing the exposed person of the rabies hazards and the treatment measures that should be taken and obtaining the informed consent, the corresponding disposal measures shall be taken.” The standard is attached with a uniform format of informed consent form, including adverse reactions. This fully demonstrates the existence of adverse reactions of vaccination and the necessity of written notification. The possibility of adverse reactions after vaccination shall be informed in writing, and the vaccination can only be carried out after obtaining the informed consent of the exposed person. In this case, the evidence provided by the center for Disease Control and prevention of a was only the vaccination registration form, which had the words of “informed treatment”, but did not have the signature of the vaccinator. Therefore, the court of this case held that the appraiser confirmed the fault of Party A’s prevention and control center’s failure to fulfill the duty of informing, which was based on sufficient evidence, and decided that it should bear all the liability for compensation.
according to the data of the medical law collection team, the failure rate of Chinese medicine prescriptions in the second instance of the National People’s court in 2019 is as high as 23%, which is the second largest reason for the doctors’ failure. Although there are so many “experiences” and “lessons” every year, there are still many medical institutions with weak legal consciousness and fluke psychology, who do not pay attention to the performance of the obligation of disclosure, and therefore bear the corresponding legal responsibility. Communication and informing is not only an important bridge to build trust between doctors and patients, but also a means for medical institutions to protect themselves when disputes occur. It is of great significance to perform the duty of informing in strict accordance with laws and regulations to avoid and prevent medical disputes. Focus