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August 31, 2017 Yulin "Maternal Jumping" Incident
On August 31, 2017 (July 10, 2017 in the lunar calendar), a pregnant woman fell from a building in Yulin. On August 31, 2017, in the First Hospital of Yulin City, Shaanxi Province, Ma, a pregnant woman who was expecting to give birth, committed suicide by jumping off a building, killing two bodies. Afterwards, the hospital issued a statement saying that the hospital had previously suggested cesarean section to the mother and her family, but the family insisted on natural delivery and signed the "Informed Consent of Maternal Hospitalization", expressing their hope for natural delivery. After the hospital's statement was released, many people pointed the finger at the family members, saying that "the family members killed the mother", and even some people have tried to induce public opinion on the "mother-in-law-daughter-in-law war". It should be said that the incident itself is relatively complicated, not because the delay in the operation directly caused the death of the mother, but because the mother jumped off the building in the delivery room to commit According to media reports, Mr. Yan, the husband of the fallen mother Ma, said in an interview that he did not approve of the hospital's statement, "My wife was in excruciating pain twice, and she came out to tell me that it was too painful." The first time was around 17 o'clock, and the second time was around 18 o'clock. The two times she came out to cry for pain, I took the initiative to tell the doctor that if she was in pain, we would have a cesarean section. Other clinical mothers can prove that I said this. But the doctor replied that everything was normal after the examination, and the mother was about to give birth, so there was no need for a cesarean section. "This makes things more complicated, and the determination of relevant responsibility needs to be based on further fact-finding. Do you remember the Li Liyun incident ten years ago when the mother fell from the building? Why did the mother jump from the building? Because of the unbearable pain, or because of other spiritual reasons? This should be investigated by the police and the health department. At the very least, it can be said that in the ward strictly monitored by healthcare workers, the unthinkable thing of the mother jumping off the building can happen, indicating that the hospital has serious safety hazards. In fact, the controversy of the case itself is whether the mother has to sign the family for the cesarean section surgery? This is also a long-standing problem in the hospital. As early as 2007, Li Liyun, a pregnant woman, accompanied by her "husband" (later found to be her live-in boyfriend) Xiao Zhijun, went to Chaoyang Hospital in Beijing for treatment due to a cold. At that time, the hospital recommended a cesarean section. Xiao Zhijun repeatedly refused to sign, resulting in the operation not being carried out and the final death of the pregnant woman. Back then, the Li Liyun incident triggered a comprehensive reflection on the system of "family members must sign for surgeries" in the whole society. ▲ On July 17, 2009, the "Death Case of Pregnant Woman Li Liyun" opened, and the family of the deceased Li Liyun wept in court. Picture According to the Beijing News, the "Tort Liability Law" was legislated to clearly stipulate: "If the patient or his close relatives cannot be obtained due to emergency situations such as saving the life of a dying patient, with the approval of the person in charge of the medical institution or the authorized person in charge, corresponding medical measures may be implemented immediately." This regulation means that not only in the absence of family members or without family members, but also in the event of an emergency, without the consent of the patient and family members, corresponding medical measures must be taken immediately. The basis of this legal provision is that between the patient's right to life and health and the right to know and choose, the right to life and health is higher than other rights. In special emergencies, it is not necessary to obtain the patient's consent, let alone the family's signature. The "family signature" system is designed to satisfy the right to informed consent. In fact, our country's "Regulations on the Administration of Medical Institutions", "Basic Standards for Medical Record Writing" and other regulations and regulations have made it clear that patients have the right to dispose of their own bodies, and this right does not belong to family members. The "family signature" system itself is to satisfy the patient's and family's right to informed consent. In 2010, the new version of the "Basic Specifications for Medical Record Writing" made it clear again: full civil capacity is to rescue patients, and in the case that the legal representative or authorized person cannot sign in time, it can be signed by the person in charge of the medical institution or the authorized person in charge. However, some hospitals and healthcare workers still have a misunderstanding of the "surgical signature" system. They really think that the signature is the "life and death certificate". If they sign, the hospital does not have to bear the law. ▲ The official Weibo of Yulin First Hospital released the content of the statement. According to the screenshot of Weibo, the signature itself cannot completely exempt the hospital from the liability for compensation that should be borne by the law. Signature is also an important evidence to prove whether the hospital has earnestly fulfilled its obligation to inform and disclose the risks of relevant treatment. In short, getting family members to sign is to implement the patient's right to informed consent, rather than shifting all the responsibility for diagnosis and treatment to family members who do not understand medicine. The hospital should assume the professional responsibility for taking emergency medical measures. As some medical professional lawyers have said, the Tort Liability Law has been implemented for so many years, and internal training in the health system has repeatedly emphasized, but there are still many hospitals that follow the old calendar and mechanically require that the family members sign, otherwise the operation will not be carried out. Little do you know that if it causes a delay in the disease, it will cause trouble for the hospital. Before the cause and effect are unknown, don't rush to stand in line. As far as this incident is concerned, many legal facts and medical incidents need to be seriously investigated: is it the hospital or the family that does not agree to the cesarean surgery? If the family does not agree to the cesarean surgery, does it constitute a delay in In the case of family members not signing, should doctors perform surgery according to medical norms and determine that it is an "emergency treatment" behavior? Is there a causal relationship between the death of a mother who jumps off a building and the family's failure to sign and the hospital's failure to perform a cesarean section? Before all this is found out, don't rush to stand in line. In emergency situations, surgeries can be performed without the family's signature, and the hospital does not have to bear legal responsibility. This is social progress in exchange for the tragedy of "Li Liyun" ten years ago. I hope individual hospitals will not mechanically implement the signature system. In addition, family members must also trust the professional judgment of doctors and cannot be stubborn and paranoid; society should be more tolerant of hospitals' "dangerous" emergency medical measures.


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17WorldNews[2025.09.27-13:23] 访问:77
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