JAKARTA - One of the hospitals in China was fined to pay compensation of 760 thousand yuan, equivalent to Rp1.64 billion to a husband and wife due to the case of swapped babies. The hospital gave the wrong baby 28 years ago.
The hospital, Huaihe-Henan University, was also held responsible for the couple's biological son's illness. Huaihe Hospital, Henan University, made a fatal mistake in treating the baby boy.
In 1992, the baby was just born. The judicial process at Gulou District Court, Kaifeng, Henan Province showed some irregularities in the hepatitis B vaccine administered by the hospital at that time.
The 760 thousand yuan compensation consisted of 400 thousand yuan for the mental suffering of Yao Ce, who was separated from her own biological parents for 28 years. The compensation also includes 360 thousand yuan for the medical expenses of Yao Ce, who was convicted of terminal liver cancer in February.
Zhou Zhaocheng as the couple's attorney said that his client accepted the court's decision even though the value of compensation received did not match the demands. "It would be good to see the court supporting us in identifying the hospital work error that caused Yao to be separated since he was born 28 years ago," the lawyer said, quoted by China Daily, Tuesday, December 8.
"We also felt we had justice when the court also ruled that the hospital should be responsible for 60 percent of Yao's liver cancer due to a previous vaccination error," the lawyer added.
Regarding Yao's physical condition and economic burden, the lawyer will help him put forward procedures for immediate compensation. Meanwhile, the hospital said it accepted the verdict, the Beijing News reported.
"That way, my client can get compensation in a timely manner to ensure his medical care, regardless of whether the hospital appealed to a higher court or not," said the lawyer.
RevealedThe case stems from a report in the Beijing News about a woman with the surname Xu from Jiangxi Province finding that Yao, who grew up with her since 28 years ago, was not her biological child. This was revealed when he was about to donate his liver to save Yao's life.
As Yao's condition worsened, Xu and her husband spoke to the newspaper so they could find Yao's biological parents so that someone could help the liver donor. Then Xu went to the hospital in Henan, where he received the wrong baby in June 1992. With police help, Xu found Yao's biological parents, Guo Xikuan and Du Xinzhi.
Unfortunately, the reunion collided with reality. It turns out that Guo and Du have a daughter who has a mental disorder. Yao's birth mother, Du - who also has hepatitis B, had to undergo chemotherapy because of liver cancer.
Since Du was a person, Yao should have received a high dose of hepatitis B vaccine immediately after birth. However, the vaccine was instead given incorrectly to Xu's healthy biological son.
Xu believes Yao was not vaccinated and he developed liver cancer at a very young age, China Global Television Network reported in April. The compensation, which Yao and her biological parents initially asked the hospital for, turned into a lawsuit after negotiations failed. The court began hearing the case in September.
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