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Children are the crystallization of love.
Every new life brings great joy to the family.
Therefore, this period of accompanying his lover in childbirth is destined to become the most memorable moment in every man's life.
However, a ruthless man refused to sign his wife's cesarean section slip six times, which eventually led to the death of both his wife and child.
The tragic situation in the operating room made all the medical staff present burst into tears.
If you don't love, why hurt.
What kind of man is this?
Running around for a living, Xiao instigated to the extreme
The man's name is Xiao, and he is from a rural village in the Xiangtan region of Hunan Province.
Because his family was poor, Xiao only went to the fourth grade in primary school and began to work with his family in the farm.
When he was a little older, he followed the labor agents who came to recruit workers to work in factories in various places.
With heavy manual labor and a small income, he learned the importance of money at a very young age.
During a call with his fellow villagers, he heard that the wages on the construction site in Beijing were high, and the next day he stepped on the train to Beijing.
On the construction site in Chaoyang District, Xiao has to work in the scorching sun every day.
The vicious sun tanned him black and red, and he looked like an old man who was about to turn 60.
But in fact, he just celebrated his 26th birthday.
In his rural hometown, he should have been a father at such an age.
But the gap in reality made him dare not even think about his wife.
In order to save enough bride money as soon as possible, he did his best to save every penny on weekdays, and the most extravagant delicacy was a salted duck egg.
However, when he met Li, he was very generous.
In fact, this is related to Li.
Because of pity, the poor boy is happy
Li, also from Hunan, was only 19 years old at the time.
She was still in school, but somehow she had to drop out of school and become a star in Beijing.
As a result, the star did not take it seriously, but he was poor and lived on the street.
Without seeing her parents again, she lied that she had found a good job in Beijing and would not be able to return until several years.
My parents were dismissed, but how did their own "Five Organs Temple" send them?
In order to survive, she had to find a job nearby and live temporarily.
This place is very close to Xiao, and the two met by chance.
Because they are all fellow villagers in Hunan, they have a lot of common language with each other.
Two people came and went, and the two lived together.
Xiao refused to sign six times, resulting in the death of his wife and children on the spot
Xiao Mou originally felt overwhelmed.
He planned to buy a gift and go to Li's house to raise a relative.
But Li, who was a thief with a weak heart, refused without thinking.
In her parents' minds, Li at this moment should be directing the country in a high-end office building in Beijing, rather than living with a migrant worker with only primary school education in a rented house at the junction of urban and rural areas.
After refusing twice, Xiao no longer insisted.
After all, the two have been living for a long time, and there will be time to visit their parents-in-law in the future.
At this moment, they should focus more on making money.
Only with money can they return to their hometowns and buy houses locally.
Just when Xiao was thinking about the future, Li was pregnant.
I don't know if they didn't take protective measures, or they didn't plan to do it in the first place.
Xiao looked at Li's belly that grew day by day, and felt extremely complicated in his heart.
He wanted children, but he didn't want to have children so early.
He doesn't want to see his children so poor in the future.
But his current conditions are far from providing good material conditions for his children.
In order to save money as soon as possible, the two not only saved money, but also worked hard to make money.
As a result, Li was overburdened, malnourished, and fainted.
That day, Li was taking inventory, and suddenly fell directly to the floor.
The owner of the supermarket was taken aback and hurriedly dialed 120 to take Li to the hospital.
Xiao, who learned the news, rushed to the hospital as soon as possible.
Looking at his unconscious wife, his eyes were full of concern.
He tried to call his wife to wake up, but after shouting for a long time, Li did not respond.
According to the preliminary diagnosis of the emergency department doctor, Li was not only malnourished, but also had severe pneumonia and even respiratory failure.
She is currently in the late stages of her pregnancy.
Doctors recommend an early C-section.
After the child is born, Li can be immediately given medicine to treat her pneumonia.
It can be said that it was a very good decision.
But strangely, Xiao refused for no reason.
From Xiao's clothing and conversation, the doctor quickly judged his identity.
So at first, the doctor asked him in a good voice.
Is it because of economic difficulties, over here...
But before he finished speaking, Xiao refused again.
Doctors are well aware of the financial sensitivity of these low-level workers.
So he still patiently went to explain to Xiao.
Unexpectedly, Xiao refused again.
Seeing that an hour had passed, Li was still unconscious on the hospital bed.
The doctor no longer consumes with Xiao, uses roundabout tactics to bypass Xiao, and he asks Xiao to provide the phone number of Li's family.
Unexpectedly, Xiao's answer turned out to be unknown.
There is no way, the doctor can only return to the "negotiating table" and continue to use Xiao as a breakthrough.
The doctor told him about the necessity of signing the operation and also informed Li of the current severity.
But the stubborn Xiao has a low education level, and his understanding of the hospital only stays at the point where I let you see any disease, and you just take care of it.
He felt that Li was just dizziness caused by a cold, what pneumonia, what cesarean section, he couldn't listen to at all.
He even thinks doctors say this in order to overcharge, as some shows report.
At this time, Li had already begun to twitch, and the huge pain made her hum.
While arranging for the nurse to carry out nursing, the doctor picked up the responsibility sheet again and asked Xiao to sign it.
Xiao Mou saw Li's painful appearance, and he was anxious.
He actually said the answer that made everyone present laugh.
He said that he and Li have not yet obtained a license, so they are not real husband and wife, so naturally they are not relatives.
I can't sign it myself.
He begged the doctor to prescribe some cold medicine to Li.
In the era when there were no medical liability bills, "medical troubles" abound because of medical disputes.
Therefore, the hospital clearly stipulates that without signing the responsibility sheet, the doctor is prohibited from giving surgery.
Although the doctor also sympathized with Li, he really couldn't give her surgery first.
The only thing that can be done is to hang up glucose for her to supplement nutrition.
Another two hours had passed, and it was late at night.
The exhausted medical staff kept whispering.
The doctor even called a police comrade to ensure the necessity and safety of the operation on the spot.
But he was still rejected by the ignorant Xiao.
Because of Xiao's toss, in the end, Li missed the best rescue time and died with her child.
Hearing the news of the death of his wife and children, Xiao's tight string suddenly broke.
With blood-red eyes open, his hoarse throat pulling, he rushed towards the doctor like crazy.
He wanted to strangle the doctor to death.
But under the handling of the police at the scene, he was subdued on the spot.
Legal thinking on one corpse, two lives
From the perspective of Xiao's feelings for Li, he loves his wife very much.
But intellectually speaking, because of his education, experience and distorted values, he cannot fulfill the responsibilities of a competent husband.
The most critical thing in the yin and yang world is the thin surgical responsibility sheet.
Putting aside the hospitalization fee, signing it, the doctor can confidently and boldly treat Li with surgery.
If you don't sign it, the doctor can't follow the process.
In line with the principle of saving lives and helping the wounded, in the past, when the relevant laws were not perfect, the power of individual doctors was indeed greater.
He is able to make subjective decisions first.
But that risk is left to hospitals.
After all, the physical condition of patients varies widely, and emergencies are likely to occur during treatment.
When the patient is cured, everyone rejoices.
If the patient is not cured or even dies, some agitated family members of the patient will overreact.
Because there is no legal backing, hospitals often end up losing money.
Such an outcome is clearly unfair to hospitals.
Over time, it is bound to discourage medical staff.
【Legal Analysis】
1. In this case, does the medical responsibility letter repeatedly emphasized by the medical staff really have legal effect, and what legal effect does it have?
The relevant provisions are given in the Civil Code of the mainland.
When determining that a patient needs surgery, medical staff should inform the patient and his family of the patient's current actual situation, as well as the next procedures and plans, and obtain their consent.
The most direct evidence of this consent is the confirmation of responsibility for medical surgery presented by the hospital.
Don't look at this little piece of paper, it can work when it matters.
With it, medical staff have quite a talisman, can put down the burden and go all out to deal with the patient's surgery.
It will not be because of the lack of legal protection, vacillating left and right in specific treatment, suffering from gain and loss.
Finally, even if the operation fails, the hospital can be in a humanitarian position to give appropriate compensation to the patient's family, instead of being stuck by the patient's family and sitting on the ground.
As for the definition of Xiao's shirked relatives, this is actually a mystery in the minds of the public.
The law is based on facts, how can it be proved that they are two people without a marriage certificate?
In this particular case, Li did not obtain a marriage certificate with Xiao from beginning to end.
Two people can claim to be husband and wife, or they can claim to be lovers, or even admit nothing.
If so, how should the law define it from the perspective of this case?
In this case, although Xiao and Li did not go to the civil affairs department to obtain a legally valid "marriage certificate".
But he and Xiao have lived together for so long, and they are even close to having children of their own.
This situation is legally recognized as a "de facto union" relationship.
Many of us may not understand what a de facto marriage is.
But de facto marriages are very common all around us.
Some couples hold banquets and entertain guests for wedding ceremonies.
This is to inform the outside world that the two have become a de facto couple.
However, they did not go to the Civil Affairs Bureau to obtain the Marriage Certificate.
Then they are not a legal couple.
This is despite the fact that de facto unions have been abolished in the Marriage Act 1994.
However, the Penal Code still contains a definition of the crime of bigamy.
Therefore, Xiao should also fulfill the responsibilities of a husband in a de facto marriage.
Second, if there is an emergency in the society, the patient is in a coma when he is sent to the hospital, and the family is not around, can the doctor only choose to give up treatment when he cannot sign the surgical responsibility form?
Is there a law that can be used as a reference?
For hospitals, in the 2020 Civil Code, hospitals can have the approval or authorization of the hospital manager to rescue critically ill patients when they cannot obtain the consent of patients and close relatives.
However, Li's death occurred 13 years ago in 2007.
No matter how powerful a doctor is, he can only look at the ocean and sigh.
Poor Li was born at an opportune time and "married" such a husband.
If she hadn't dropped out of school that year, maybe she would still be alive in this world.