Life swapped for 28 years, flesh and blood separated finally reunited
[2] Compiled from: Yufa Sunshine
Case review
[3] This year, 28-year-old Yao Ce from Jiujiang, Jiangxi, was diagnosed with liver cancer. His mother, Ms. Xu, intended to "donate part of her liver to save her son" but discovered that he was not her biological child. Instead, he was the son of Ms. Du from Zhengzhou, Henan, while Ms. Du's son, Guo Wei, was Ms. Xu's biological child. A baby mix-up at a hospital 28 years ago was thus uncovered, sparking widespread discussion.
[4] On December 7, 2020, the Gulou District People's Court of Kaifeng City, Henan Province, held a public first-instance trial for two cases: plaintiffs Guo Xikuan, Du Xinzhi, and Yao Ce versus defendant Huaihe Hospital of Henan University, and plaintiff Yao Ce versus defendant Huaihe Hospital, both concerning tort liability disputes.
[1] Court Opinion
[5] The Gulou District People's Court of Kaifeng City, Henan Province, publicly announced the first-instance verdicts for two cases: plaintiffs Guo Xikuan, Du Xinzhi, and Yao Ce versus defendant Huaihe Hospital of Henan University, and plaintiff Yao Ce versus defendant Huaihe Hospital, both involving tort liability disputes. The court ruled that Huaihe Hospital must pay Guo Xikuan and Du Xinzhi 200,000 yuan in moral damages; pay Yao Ce 200,000 yuan in moral damages; pay Du Xinzhi 1,193.5 yuan for travel expenses incurred in searching for relatives; pay Guo Xikuan 6,400 yuan for lost wages; and pay Yao Ce a total of 361,312.94 yuan for medical expenses, nutritional fees, lost wages, and travel costs (with 100,000 yuan already paid, leaving 261,312.94 yuan still due).
[1] The author's perspective
[6] The rights of parents to supervise, raise, educate, and protect their children, as well as children's rights to be cared for and loved by their parents, are based on blood relationships. These rights are closely tied to identity and are crucial for every citizen.
In the case of Guo Xikuan and two other plaintiffs suing Huaihe Hospital for tort liability, the hospital, as a professional medical service institution, bears a high duty of care for the newborns born there. Huaihe Hospital does not dispute that the "mix-up" occurred at its facility. This fault led to Yao Ce being separated from his biological parents for 28 years. Although Yao Ce was reunited with his biological parents after 28 years, he had already developed liver cancer. Yao Ce suffered severe mental anguish after meeting Du Xinzhi and Guo Xikuan. Therefore, Huaihe Hospital should bear liability for mental damages.
In the case of Yao Ce suing Huaihe Hospital for tort liability, due to the hospital's non-standard medical practices and poor management, medical records were missing, the hepatitis B vaccine was not administered to Yao Ce in a timely manner according to the former Kaifeng City Health Bureau regulations, and the "mix-up" incident occurred. It should be determined that Huaihe Hospital had significant fault. However, the occurrence of liver cancer is not entirely the hospital's fault, as cancer development is closely related to individual genetics, lifestyle habits, and other factors. Therefore, the court's ruling that Huaihe Hospital bears 60% of the civil liability for Yao Ce's reasonable losses arising from his liver cancer is relatively realistic.
