The hymen suffers injury whether can the hospital claim? Yesterday, reporter from the Chongqing Related Department found, “damages the patient hymen regarding doctor” the compensation, at present did not have the concrete legal regulation stipulation.??In Chongqing world Law office Attorney Kong believed that looking from the traditional ideas, the hymen to the unmarried woman is very important, possibly will affect she later happily married. Because if doctor violates the treatment standard, the operate miss causes patient’s hymen damage, brings bodily and the mental injury to the patient, according to “Civil law” the related stipulation, the hospital definitely should undertake the corresponding civil liability. “the patient definitely may ask for the justice through the legal proceeding for oneself.”Attorney Kong said that although this kind of situation cannot constitute the disability, but should be the incident of malpractice, may apply for the Medical department to appraise. However, Chongqing has not been possible to supply the reference at present the related compensation concrete legal basis.
??But the city incident of malpractice technical appraisal work office person concerned believed that if is the normal gynecological examination damage hymen, in doctor explained beforehand the situation under the premise, cannot be the incident of malpractice, like this also cannot “Process Rule take Incident of malpractice” handles this medical dispute as the basis. If passes through the appraisal, damages the hymen is because of the medicine reason result, may refer to this rule the measure of indemnity to carry on the claim. It is reported that this incident of malpractice technical appraisal office since was established ever has not met this kind of medical dispute’s appraisal.
