In April 2021, Xiaomei (pseudonym), a 20-year-old college student from Jinggangshan City, Ji'an, Jiangxi Province, was diagnosed with HIV through preliminary screening at a local hospital and re-examination by the Centers for Disease Control and Prevention. After taking medication for more than a year, she was found to have been misdiagnosed.
(A mini program has been added here, please go to the Toutiao client to view)
"Our family can't hold our heads high in the local area." Mr. Chen said that their family lives in the town, and he does business in the city. After the news of his daughter's diagnosis spread, the family was ostracized and discriminated against by people around them, and the psychological pressure was very great. Even though it affected the mood of the family and Xiaomei's body, when the staff explained the reason, they also said that the reason for the misdiagnosis may be that Xiaomei did not inform her of her pregnancy during the examination at the hospital last year and did not mention her pregnancy when she was sent for examination.
It is normal to be screened for HIV during pregnancy. Why don’t professional testing agencies even ask this question? According to the " Medical Accident Handling Regulations ", civil liability disputes such as compensation for medical accidents can be resolved through negotiation between doctors and patients. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may submit a mediation application to the health administrative department or directly file a civil lawsuit with the People's Court.
If the relevant departments investigate and confirm that the hospital involved and the epidemic control center are responsible for Xiaomei's misdiagnosis of AIDS, the hospital involved and the epidemic control center should bear civil liability for compensation. According to the "Civil Code", if a patient is harmed during diagnosis and treatment activities and the medical institution or its medical staff is at fault, the medical institution shall bear the liability for compensation and compensate the patient for lost work time, diagnosis and treatment expenses, transportation expenses, nutrition expenses, mental damage compensation, etc.
Xiaomei was still pregnant when she was misdiagnosed. Not only was she harmed by the induction of labor, but she also spent a lot of money on medication and treatment. She gained more than 20 pounds, had nightmares at night, and cried often. For his family, they were also tortured physically and mentally. Such a thing cannot be settled with simple compensation. Relevant departments need to thoroughly figure out which link went wrong and whether more Xiaomei may be harmed.
If you also encounter legal troubles, you can click on the "Lawyer Help" applet to consult a lawyer for free and quickly answer your questions.
