China Business News confirmed from the attorney Zhou Zhaocheng that Du Xinzhi, the biological mother of Yao Ce, a young man suffering from cancer, who had "wrongly changed his life for 28 years", v. Kaifeng Municipal Health Commission for Information Disclosure, in Kaifeng City at 9:30 am on December 4 The Jinming District Court opened the trial, and the relevant person in charge of the Kaifeng Municipal Health Commission appeared in court.
>>>I have applied for information disclosure
7 months have passed and I haven’t actively contacted the family members to report the progress of the investigation
28 years ago in the delivery room of the Second Affiliated Hospital of Henan Kaifeng Medical College (now Huaihe Hospital of Henan University) Baocuo, born by Ms. Xu in Jiangxi Guo Wei, his son, and Yao Ce, the son of Ms. Du Xinzhi in Henan, were forced to switch lives. Ms. Du believes that she was suffering from hepatitis B at the time of delivery. Yao Ce, who was embarrassed, failed to get the hepatitis B vaccine blockade because of medical errors. Now Yao Ce has been diagnosed with advanced liver cancer.
On December 4, an administrative complaint obtained by a reporter from Huashang Daily showed that the plaintiff Du Xinzhi claimed that in order to find out that the incident of “wrong baby replacement” at the Huaihe Hospital of Henan University caused Yao Ce to suffer from liver cancer without hepatitis B vaccine, she clarified the responsibility of the hospital. On July 14, 2020, it sent the "Government Information Disclosure Application" to the Kaifeng City Health Commission, and proposed that the defendant should disclose it in accordance with the law and reply in writing to the Kaifeng City Health and Epidemic Prevention Department issued from January 1 to December 31, 1992 Relevant documents and materials such as the implementation plan of neonatal hepatitis B vaccine immunization, management measures, and the management implementation plan of hepatitis B vaccine for obstetric medical staff.
The plaintiff believes that the defendant, as a state agency, has the obligation to disclose government information and is obliged to accept supervision by the people including the plaintiff. After receiving the plaintiff’s application, the defendant did not respond within the statutory time limit. In violation of the “Regulations on Disclosure of Government Information” and other relevant regulations, the defendant requested the court to support the plaintiff’s litigation request, confirmed that the defendant’s failure to respond within the statutory period was illegal, and ordered the defendant Provide a written reply to the plaintiff’s application for government information disclosure in accordance with the law.
"On July 12, we miscarried the courier sent by the two of our 6 people involved, and they also received it." Ms. Du, 57, told a reporter from China Business Daily that they delivered the courier to the Kaifeng Municipal Health Commission and Henan University. "An open letter about the "28 years of wrong life change" parties requesting the joint investigation team to "publish the investigation results as soon as possible", and the submission of the "Application for the disclosure of government information on the "28 years wrong life" case" to the Kaifeng Municipal Health Commission.
"In May of this year, they said that a joint investigation team was established as soon as possible. Now 7 months have passed. I told my family just now that we started wearing thin sweaters to wearing summer clothes and then wearing thick winter clothes. Clothes, how long has passed, and they did not take the initiative to contact us to report the progress of the investigation." Doctor
found that Yao Ce had multiple lumps in the liver, cirrhosis of the liver
>>>> Cancer can not afford
blocking hepatitis B How important the first shot is, the hospital didn’t give the name
. Ms. Du said: “We are racing against time and life. Our family members are too anxious, but they are indifferent. Yao Ce has no money to see a doctor and has been discharged from the hospital. Even if we lent us 300,000 yuan first, if it doesn’t work, we can live in their hospital, but now there has been no result. Our family members feel that they are procrastinating on purpose. Is it possible to drag people to that situation and they can lose less money or what?”
The key is that his son Yao Ce’s illness cannot be delayed. “As long as his life can continue, he needs to be treated! I gave birth in their hospital on June 16, 1992, and the hospital made a mistake for my child. I have seen him for 28 years. I didn’t get my son and didn’t give my son a hepatitis B vaccine because of a work error. In fact, Kaifeng asked for hepatitis B blockade injections in 1988. In 1992, it was popularized nationwide. Their hospital originally checked my hepatitis B vaccine in two and a half. With the signature of the nurse, I only lost my test form. This test form can prove that I am a hepatitis B carrier. If my son is given 30 micrograms of hepatitis B vaccine, normal mothers who are not carriers receive 10 micrograms. This tragedy can be avoided. How important this first injection is. The hospital did not give it. If the hospital fulfilled its obligation to give the injection and did not hold the wrong child, we would not go to the hospital."
Yao Ce said he I have experienced a long wait and I am very sad. I am worried that I will not wait for the "investigation results to come out"
>>>The hospital involved will not be allowed to live
. The Municipal Health Commission, as the superior unit in charge of the hospital, should advance the investigation. Ms. Du believes: "Kaifeng City HealthAs the superior unit in charge of the hospital, the committee should advance the investigation of this matter. "
" This is caused by the hospital. In the past 28 years, we have lived a life of human beings and ghosts. If the child has been by my side and I have been taking care of him, I will not regret it. "Ms. Du can't say anything, "They are also the people born and raised by their parents. What should I do if this happens at home?" Even if it was something that happened when the former leader was in office, the hospital did not collapse. The mistakes of the hospital made us so miserable, and now we are not acting. How do we view and understand this hospital? ""
Ms. Du told a reporter from China Business Daily, "Yao Ce originally wanted to come to Kaifeng to participate in the trial, and also thought that they were hospitalized in the hospital, but they never gave a reply." Our idea is to lend 300,000 yuan to his son even if the sentence cannot be decided. To see a doctor, if you don't borrow, you can let him live in their hospital first, but they won't let him live. "
>>>The quality of life has dropped a lot.
His son's liver cancer hurts when he eats and drinks water. It hurts to take morphine at night.
Ms. Du sighed after Yao Ce was discharged from the hospital the day before yesterday. Without money for treatment, he temporarily returned to his home in Jiangxi. He is not getting well when he is not treated in Shanghai now. His condition is rather distressing. Before he was able to sit up and talk and laugh with us, but now he basically doesn’t say a few words a day because of pain, pain when eating, and drinking water. It was terrible. I used to take one painkiller a few days ago, but now I have to take two pills a day. I still have to take morphine at night. The quality of life has dropped a lot. I can’t eat or drink. I can’t drink one meter. The height of seven or six is now as thin as 100 catties. "
’s biological mother, Ms. Du, said that Yao Ce’s current situation is worrying, and she is sorely painful to drink water, and her weight is reduced to 100 catties. I can make a mistake." According to Ms. Du,
, Yao Ce was born on the morning of June 16, 1992. "At that time, I had 15 beds in the hospital medical record for a while, and 16 beds for a while, and I didn't know which bed it was. "
Ms. Du revealed that in September this year, Yao Ce went to the Huaihe Hospital of Henan University. The hospital gave 100,000 yuan for emergency relief but couldn't get it. "We took the check to the bank to withdraw the money. The bank said the check was written incorrectly. When I returned to their hospital for the second time, the bank did not write the account on the check. 28 years ago, they wrote the medical record wrong, and 28 years later, the check could be written wrong. "
Ms. Du told a reporter from China Business Daily: "We now want to judge the case as soon as possible, so that our old couple will no longer go to Kaifeng, so we can stay with our son at ease to see him. Now, we are going to fight a lawsuit in Kaifeng, and we have to go to Shanghai and Hangzhou for the treatment of our son. By running back and forth like this, all our money is spent on this. "
>>>Consider the plan
The hospital is a place to save the dying and heal the wounded. It does not care about the patient.
28 years ago, Yao Ce had no right to decide which family to live in; 28 years later, he could not decide his own life and death. On the 3rd, Yao Ce was interviewed by a reporter from China Business Daily and confirmed that he had indeed been discharged from the hospital because of the tight cost of treatment.
“Although there is medical insurance now, the cost of treatment is very high. The most expensive one costs 30,000 yuan per injection. It is not covered by medical insurance and needs to pay for it. Now the charity fund for relief is also suspended. "
Yao Ce told a reporter from China Business Daily: "I originally planned to be admitted to their hospital (Huaihe Hospital of Henan University) after the Shanghai treatment plan was determined, because whether it was a miscarriage or a missed hepatitis B vaccine, the hospital always rescued the wounded. As for leaving my patient alone. "Yao Ce believes that this is a reasonable request from the point of view of reason. Because his condition is not optimistic. "I weighed more than 150 kilograms in June, but now it is only 108 kilograms. "
Yao Ce said that at different stages of his life, he has to think about everything. "The thing I worry about the most and can't let go of now is my 3-year-old son. I also want to do my father's responsibilities at the end. "
, in response to the Kaifeng Municipal Health Commission’s failure to respond to the joint investigation conclusion, Yao Ce said: "I can’t say how the investigation is going. I can only say that under the attention of the media, we still have a long wait. sorrow. "
, the attorney Zhou Zhaocheng and the plaintiff, Ms. Du, hope that the Kaifeng Municipal Health Commission will announce the investigation results as soon as possible.
>>>The hope of the attorney
The Kaifeng Municipal Health Commission is not in court.“A deputy director of the Kaifeng Municipal Health Commission responsible for information disclosure appeared in court to participate in the litigation." On December 4, the attorney Zhou Zhaocheng introduced that the Kaifeng Municipal Health Commission and Henan University belong to the superiors of the Huaihe Hospital of Henan University. After the incident was exposed, the management department was able to set up a joint investigation team to conduct an independent investigation into the "28 years of wrong life" incident. This is a legitimate act of the higher management department to perform its duties in accordance with the law. After the establishment of the joint investigation team, it actively spoke out to the outside world and publicly stated that it "will definitely investigate and deal with it in accordance with laws and regulations, and there will be no results."
The "Regulations on Disclosure of Government Information" stipulate that government information generally within the scope of active disclosure shall be disclosed within 20 working days from the date of formation or change of the information. Zhou Zhaocheng confirmed, “But as of today, the six parties involved in the'wrong life for 28 years' incident have still not received any response from the Kaifeng Municipal Health Commission and Henan University. At the same time, the Kaifeng Municipal Health Commission has not submitted the "Government "Information Disclosure Application" for any response."
Zhou Zhaocheng said, because Yao Ce is dying of advanced liver cancer, Yao Ce himself is very worried that he may not wait for the "investigation results." Therefore, on August 25, 2020, the birth mother, Ms. Du, was entrusted to bring the Kaifeng Municipal Health Commission to court with a petition.
"I expect that during the trial, the defendant's Kaifeng Municipal Health and Health Commission can give the plaintiff a truth, an explanation, and a statement on the '28-year misplaced life event.' As an attorney, I believe that the Kaifeng Municipal Health Commission will definitely The investigation results of the'Missing Baby Incident 28 Years Ago' at the Huaihe Hospital of Henan University will be published in the court hearing, giving each party an explanation and the public as well. Only in this way can Yao Ce, who is on the verge of death, be given an explanation. I can feel the warmth and hope of justice."
Zhou Zhaocheng introduced that during the court hearing on the 4th, the Kaifeng Municipal Health Commission did not announce the results of the investigation of "28 years of wrong life" in court. As Yao Ce sued the Huaihe Hospital of Henan University in the tort liability dispute, the Gulou District Court of Kaifeng City has not yet made a judgment. “I still hope that the court can pronounce the judgment as soon as possible. At the same time, I also hope that the hospital can actively implement the'earlier promise' and make use of its own The superior resources of medical institutions provide follow-up help to Yao Ce."
China Business Daily reporter Li Hua editor Zhang Hong
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