Paragraph 1: As the saying goes: One day husband and wife are 100 days of grace.
It is incredible that someone can watch a pregnant wife die in a hospital bed without agreeing to the operation, which eventually results in the wife dying in the hospital and even the child in the belly dying in the mother's belly.
One corpse, two lives, such a tragedy made the doctor cry.
Why is a man so vicious that he refuses to have a caesarean section six times, what is the difference between this and the murder of his wife? Is the hospital responsible for this?
First, dreams shattered, unexpected acquaintances
In November 2007, Li Liyun, who was only in her early twenties, did not expect that she would die in the hospital at a young age, but her beloved man did not save herself.
Li Liyun is a girl who is good at singing and dancing. In 2002, with her own efforts, she was admitted to Changsha Film Academy. At that time, there was a college student at home.
With a yearning for the future, Li Liyun happily walked into the university campus and dreamed of becoming a powerful star. But soon, her dream was shattered by the harsh reality.
Because if you want to enter the film and television industry and become a star, you need to go to the Beijing Film Academy to study. The tuition fee alone costs hundreds of thousands, which is impossible for Li Liyun.
Hit by reality, she did not give up immediately, but chose to drop out of school and repeat her studies, hoping to be admitted to the Beijing Film Academy so that she would not have to pay expensive tuition.
Although her parents did not understand her decision, her daughter had dropped out of school and they were helpless. But after a year of repetition, Li Liyun was hardly admitted to the Beijing Film Academy.
The gap made the girl very reluctant to easily prepare her for another year, but her parents did not agree with her dropping out of school without permission and now did not want her to study for another year.
Therefore, Li Liyun and her parents clashed. After the fight, she chose to run away from home. The frustrated girl had suicidal thoughts after leaving home, but was discovered and stopped by Xiao Zhijun passing by when she tried to commit suicide by jumping off a bridge.
After persuading the girl who tried to commit suicide to live well and give her some money, Xiao Zhijun prepared to leave. But at this time, Li Liyun was full of confusion, and Xiao Zhijun's appearance was like a lifesaver for her.
At Li Liyun's strong request, Xiao Zhijun agreed to let the girl follow her. The young girl thinks she has found love and dependence, but she does not know that following Xiao Zhijun is the beginning of all her tragedies.
Xiao Zhijun is eight or nine years older than Li Liyun. Because of his poor grades, he only went to junior high school and did not go to school.
In 1994, I took over my father's job as a worker because I always liked to bend over and brag. My colleagues didn't like him, and no girl wanted to be with this scruffy and stubborn short man.
In 2004, due to the reorganization of the factory, Xiao Zhijun was forced to lay off his job, became an unemployed tourist, and began to wander around. Seeing that such a young and beautiful girl as Li Liyun was willing to follow him, he naturally didn't want to.
Second, poor cohabitation
After the two were together, because they had no savings, they could not eat soon. Xiao Zhijun had no diploma and no skills because his eyes were low and he was unwilling to engage in manual labor that he despised.
However, young Li Liyun is just a little girl who has not gone deep into the world. She lacks social experience and does not know how to earn money to support herself. The helpless Xiao Zhijun could only do the manual labor he once despised, but he refused to really work hard.
The boss soon discovered this perfunctory attitude and fired him.
Even if she lives in poverty, Xiao Zhijun is not willing to work down-to-earth, but Li Liyun only feels that she is willing to be with a lifesaver, no matter how difficult life is.
They wandered around and finally came to Beijing. Because I can't afford to rent a house, I can only sleep in the park. Helpless, Li Liyun could only call her parents, under the pretext of studying in Beijing, ask her parents for money and give her living expenses.
With a few hundred dollars from their parents, they barely managed to live without their next meal.
They live in cramped bungalows, dilapidated sheds, rescue stations and even roadsides. Because they have no money, they can only wear shabby clothes. The originally clean and beautiful little girl also became dirty.
At this time, Li Liyun found out that she was pregnant. Because she had no money, she had not been to the hospital or had a prenatal checkup. She eats steamed buns every day, and she can't even eat steamed buns.
In November 2007, Xiao Zhijun finally found a job washing dishes. The two who had been wandering for many days thought that life would get better, but Li Liyun suddenly fell ill.
I thought it was just a simple cold, but I didn't expect it to get worse and worse, and I even fainted to the ground. Or the boss of Xiao Zhijun's workplace couldn't see it, and kindly sent Li Liyun to the hospital.
Three or six refusals to sign consent forms for caesarean sections
The doctor saw that Li Liyun's condition was very serious, long-term malnutrition, but she was also sick for many days without treatment, and more importantly, she had reached the stage of labor and had to have a cesarean section.
But no matter what the doctor said, Xiao Zhijun refused to sign the consent form for the operation, insisting that Li Liyun was just a cold, but also suspected that the hospital was deceiving himself.
The hospital saw that Li Liyun's condition was really bad. If she keeps dragging on, as long as Xiao Zhijun signs and agrees, she can have surgery for free. Some enthusiastic people even thought that Xiao Zhijun was worried about the cost of the operation and was willing to donate him 10,000 yuan.
However, Xiao Zhijun always refused to sign, and the hospital urged him six times, and the person was indifferent. At this time, Li Liyun's condition was very critical, and the doctor did not dare to operate on her without the consent of her family, so she could only try her best to save her.
However, these measures simply do not work. After several hours of rescue, both Li Liyun and the fetus in her abdomen lost vital signs. Seeing the tragedy of the body and life, the doctor couldn't help but cry.
But at this time, Xiao Zhijun, who had been indifferent, was anxious and cried about Li Liyun's body, but also questioned that the doctor had killed his wife and even pushed the responsibility to the hospital.
The Li family, who learned of their daughter's tragic death, saw this scruffy man and couldn't wait to work with him. The grief-stricken mother took her son-in-law and the hospital to court.
But I don't know what happened. In February 2008, she withdrew her lawsuit against Xiao Zhijun and sued the hospital only for 1.21 million yuan in damages.
In court, Li Xiao'e's attitude was even more shocking. She said Xiao Zhijun's approach was correct. The hospital tampered with the case and deliberately changed Li Liyun's fetus in her abdomen to 46 weeks and wanted to have a caesarean section.
But her statement had no evidence at all, and Xiao Zhijun did not appear in court as a witness, and it has long disappeared. In the end, the court found that the hospital was not at fault and did not need compensation.
But the hospital eventually compensated 100,000 yuan out of humanitarianism.
4. Legal analysis of surgical consent and hospital liability
Some people think that the hospital's approach is too indifferent. If the husband does not sign the consent form, will he watch the pregnant woman die?
1. Can the patient sign for the operation by himself? Do I have to have my husband's consent for a caesarean section?
A caesarean section does not require the husband's signature to agree. If the husband is not available, the patient or an immediate family member can sign.
According to the mainland's Regulations on the Administration of Medical Institutions, when hospitals carry out surgery, special treatment or examination activities, they must obtain the consent of the patient himself and the signature and consent of the patient's family or related person.
If Li Liyun, who is in a coma and cannot sign the consent when she is sent to the hospital, the consent of the family or related person should be obtained and signed before the operation.
However, Xiao Zhijun and Li Liyun did not get married. As Li Liyun's husband, can he decide whether to sign and agree to the operation?
2. Does Li Liyun and Xiao Zhijun's cohabitation constitute a de facto marriage? Are there legal responsibilities between them?
A man and a woman who do not register their marriage at the Civil Affairs Bureau and live together in the name of husband and wife constitute a de facto marriage. According to the law, since 1 February 1994, the Marriage Act does not recognize the legality of de facto unions.
However, if a person has a spouse and even lives with others in the name of husband and wife, forming a de facto marriage, even if he has not registered the marriage, it will constitute the crime of bigamy.
For example, after man A and woman get married, and live with woman C in the name of husband and wife, then man A's behavior constitutes the crime of bigamy.
Li Liyun and Xiao Zhijun only lived together after meeting in 2004, so their relationship did not constitute a de facto marriage, and Xiao Zhijun could not decide whether to sign the operation as a husband.
However, according to the law, in order to rescue the patient in time, if the patient is unconscious and his family cannot be contacted or is not present, his colleague, leader or person in a romantic relationship can sign on his behalf.
As Li Liyun's cohabitant, Xiao Zhijun actually has a husband and wife relationship. If they cannot contact Liyun's parents, he has the right to sign off on whether to undergo surgery.
3. Is the hospital responsible for Li Liyun's death?
According to the Civil Code, if a patient is damaged in medical activities, and the medical institution or medical staff is at fault, it shall bear the corresponding tort liability.
However, if the patient or his or her close relatives do not cooperate with the hospital's treatment, and the hospital and its medical staff are not at fault, the medical institution shall not be liable for compensation.
When Li Liyun was critically ill, the hospital persuaded Xiao Zhijun to sign and was willing to operate for free because he could not get information from Li Liyun's family.
The hospital and Li Liyun's death should be irresponsible.
However, according to the Regulations on the Administration of Medical Institutions, in order to save the life of the patient, for humanitarian reasons, the head of the medical institution can sign and agree to the operation in the absence of the patient's close relatives and relatives.
For emergencies like Li Liyun, the hospital can actually perform the operation after the person in charge signs it, rather than letting the patient die. Therefore, for hospitals, the author believes that they are not to blame at all.
However, the root of Li Liyun's tragedy is the inaction of Xiao Zhijun, an indifferent and stubborn man. His actions amounted to indirect killing.