Rabies vaccine causes trouble The Centers for Disease Control and Prevention has been awarded $110,000 in damages!

Medical case brief Ms. Hu was bitten by a dog to the Centers for Disease Control and Prevention for diagnosis and treatment, and to receive its rabies vaccination services, medical staff using a 2-1-1 procedure for Ms. Hu has been injected with three four-shot rabies vaccine.
the last rabies shot in Ms. Hu's upper right arm, she developed redness and swelling in her upper right upper limb, pain, numbness, and weakness of her triangular muscles.
Hu has been to a number of hospitals, suspected of diagnosis or diagnosis of nerve damage in the upper right limb.
, ms. Hu, believes that the Centers for Disease Control and Prevention for its rabies vaccination activities, there is a diagnosis and treatment error, resulting in injury, and claim fault liability.
, the Centers for Disease Control and Prevention believes that Ms. Hu's injuries have nothing to do with her treatment behavior, and that she refused compensation on the grounds that she was not at fault in her treatment.
The court heard the lawsuit, according to the plaintiff Ms. Hu's application, the court of first instance commissioned the judicial identification center to identify the defendant's medical treatment behavior of the Center for Disease Control and Prevention, the result is that the defendant in the course of Ms. Hu's medical services, the prevention and control center in Ms. Hu's medical treatment activities, its medical staff did not fulfill the duty to inform, resulting in Ms. Hu in her medical activities damaged, the plaintiff Ms. Hu's injuries have constituted a level 10 disability.
court of first instance ruled that the Centers for Disease Control and Prevention awarded Ms. Hu 110,000 yuan in medical expenses, lost work expenses, disability compensation and compensation for mental injury.
A Center for Disease Control and Prevention did not accept that Ms. Hu muscle injection rabies vaccine after the appearance of redness, numbness, pain and other right upper limbs belong to the abnormal response to vaccination, after the incident has been reported in accordance with the law, and after the expert group's identification, the conclusion is that the abnormal response to vaccination, it is not at fault.
, and applied to the court of second instance for re-identification on the basis of the time-out appraisal and appraisal conclusions of the appraisal institution.
appeal was dismissed and the original judgement upheld by the second instance decision of the Court of Appeal.
legal briefs in order to prevent disease, everyone has experienced vaccination.
, refers to the prevention and control of the occurrence of diseases, epidemics, for human immunization of preventive biological products, including immunization programme vaccines and non-immunization programme vaccines.
the implementation of immunization planning system in our country.
residents residing in China shall enjoy the right to be vaccinated in accordance with the law and fulfill their obligations under the immunization programme.
, rabies vaccines should be the most common non-immunization vaccines in life, in addition to the government's free immunization programme vaccine, which must be given to residents.
disputes a result of irregular vaccinations occur from time to time, medical and health personnel should strictly follow the laws and regulations on vaccine management and the norms of vaccination diagnosis and treatment, so as to avoid personal injury to patients due to medical error.
When carrying out vaccination, medical and health personnel shall inform the subject or his guardian of the varieties, effects, taboos, adverse reactions and on-site observation and other precautions, inquire about the health status of the subject and whether there are vaccination taboos, and truthfully record the information and inquire.
the subject or his guardian shall truthfully provide information on the health status of the subject and vaccination taboos.
if there are vaccination taboos that cannot be inoculated, the medical and health personnel shall make medical advice to the subject or his guardian, and truthfully record the medical advice.
Before carrying out vaccination, medical and health personnel shall, in accordance with the requirements of the vaccination work norms, check the health status of the subject, verify the vaccination certificate, check the vaccination certificate, check the appearance of the vaccine, the syringe, batch number, validity period, check the name, age and the name, specifications, dosage, vaccination site, vaccination method of the subject, so that the subject, vaccination certificate and vaccination information are consistent, and confirm that the vaccination can be carried out without error.
medical and health personnel shall vaccinate the subjects who meet the vaccination conditions.
adverse reactions occur during the on-site observation period, medical and health personnel shall take timely measures such as medical treatment in accordance with the requirements of the vaccination work norms.
Returning to the rabies vaccine injection in this case, Article 3 of the Rabies Exposure Prevention and Disposal Code (2009) of the former Ministry of Health states: "Physicians of rabies prevention and disposal clinics shall, after determining the level of exposure, immediately carry out wound treatment as necessary;
" the specification is accompanied by a uniform format of informed consent style, informing the content of adverse reactions.
fully demonstrates the existence of adverse vaccination reactions and the need for written notification.
not be informed in writing of the possibility of adverse reactions after vaccination, etc., only with the informed consent of the exposed person.
case, the evidence provided by the Centers for Disease Control and Prevention was only a vaccination registration form, which, although with the words "informed of treatment", did not have the signature of the person who had been vaccinated.
The informed consent form annexed to the Rabies Exposure Prevention and Disposal Code (2009) clearly contains the signature of a subject, and the court in this case found that the accreditation body had found that the ACE had been at fault and had sufficient basis to determine that it was fully liable.
According to the medical law team's "2019 National Medical Damage Liability Disputes Big Data Report" data show that in 2019 the National People's Court tried the second instance of Chinese medicine due to the failure to inform the obligation of the failure of the case rate of up to 23%, the second largest reason for the failure of the medical side.
Although there are so many "experiences" and "lessons" every year, there are still many medical institutions with weak legal awareness, lucky psychology, do not attach importance to the implementation of the obligation to inform, and therefore bear the corresponding legal responsibility.
communication and notification is not only an important bridge between doctors and patients to build trust, but also a means for medical institutions to protect themselves in the event of disputes.
to fulfill the duty of notification in strict accordance with laws and regulations is of great significance for avoiding and preventing medical disputes.
(this article is original medical law, based on the real case adaptation, in order to protect the privacy of the parties are using a real name)