Morning Help丨My mother was infected in the confinement center: They concealed the positive cases and asked me to sign a disclaimer

For Ms. Yu, who lives in Changsha, the experience of living in a confinement center for just a few days was a bit bad.

On the second day after checking into the confinement center of Liuyang Maternity and Child Health Hospital, Ms. Yu was told that "someone on the same floor had an Yang". On the same day, she was asked to sign a "disclaimer" promising that if she was accidentally infected with the new coronavirus, she would not be blamed on the hospital.

"If you don't sign, you have to leave." Ms. Yu signed her name. Although she never left the room, she always wore a mask. A few days later, she and her baby developed fever symptoms. After nucleic acid testing, Both she and the baby were positive.

On December 29, Ms. Yu went to Xiaoxiang Morning News to help reporters report the matter. She believed that the confinement center of Liuyang Maternal and Child Health Hospital concealed the fact that there were positive cases on the day she checked in, and that the "disclaimer" was even more irresponsible. "The nurse at the hospital also told me that it's all about being positive anyway. The tone sounded very uncomfortable."

On December 29, Chenyi helped reporters contact Liuyang Maternal and Child Health Hospital. A staff member at the sub-centre. She explained that the positive case in the confinement center occurred after Ms. Yu moved in. There was no deliberate concealment and it could not be concealed at all. As for the "disclaimer", everyone who is hospitalized in this hospital must sign it.

A positive case appeared in the confinement center, and the mother said she was temporarily asked to sign a waiver

In October 2022, Ms. Yu, who was having a prenatal check-up at the Liuyang Maternal and Child Health Hospital, accidentally learned that The hospital has a postpartum care center, so I booked a room in advance. Ms. Yu made a reservation for 28 days at a price of 21,800 yuan. Ms. Yu's idea is very simple. She hopes to have a good rest during the confinement period, and the confinement center can also avoid unnecessary conflicts with her mother and mother-in-law due to different concepts.

The information picture and text are not relevant

On November 29, 2022, after Ms. Yu gave birth, she recuperated at home for a period of time. After her husband’s paternity leave ended, on December 20 , she brought her luggage to the confinement center that she had booked in advance.

"On the day I checked in, I took a nucleic acid test and it was negative." Ms. Yu's electronic health card shows that she took a sample at Liuyang Maternal and Child Health Hospital at 10:24 on December 20, 2022, and the nucleic acid test was The test result was negative. She told Chenyi Help reporters that on the second day after she checked in, she was suddenly informed by the hospital that there were positive cases on the floor where she was located. At this time, the hospital staff took out a document and asked her to sign, promising that if she was accidentally infected with COVID-19 in the hospital, the hospital would not be blamed. "They said that if you want to live there, you have to sign. If you don't sign, you have to leave. I need to rest and eat in the confinement center, and I need someone to take care of me and the baby, so I can only sign.

Chenyi Help reporter noticed that this is a "Notification to Inpatients and Accompanying Personnel During the New Crown Epidemic Prevention and Control Period of Liuyang Maternal and Child Health Hospital". Article 5 shows that in order to reduce the risk of the spread of the new coronavirus, no admission will be accepted during hospitalization. Visiting. Article 6 shows that due to the complex and diverse transmission routes of the new coronavirus and the limitations of testing technology, although your new coronavirus nucleic acid test is negative when you enter the hospital, you may be found to be positive while in the hospital. This is an unavoidable situation. According to the provisions of the "Civil Code" and other laws, the hospital cannot be held responsible if there is no medical error when the hospital performs diagnosis and treatment in accordance with the standards.

The notice shows that the hospital's notification time is December 21, 2022. At 15:10, the time of Ms. Yu’s signature was 16:21 on December 21, 2022.

The diagnosis was confirmed 5 days after check-in, and the nurse said, “You will all get COVID-19 anyway”

In order to reduce the risk of infection, Ms. Yu told Chenyi Help reporters that during her stay at the confinement center, she never left the room and had no contact with the outside world. "Except for eating and drinking, I did nothing 24 hours a day. Wearing a mask. Meals are served from the kitchen on stools at the door of the room. ”

“I haven’t seen any special disinfecting methods. The main thing is to mop the floor in the corridor with 84 disinfectant. There is a machine in the room that disinfects every day, and there is also alcohol for disinfecting myself. "Despite trying her best to pay attention, things that worried Ms. Yu still happened. "When the confinement nanny at the confinement center took care of me on the first day, she didn't wear a mask that night. She started coughing the next day, and she started coughing on the third day. She stopped doing it one day and I started coughing.

”

Ms. Yu said that during her stay, several more positive patients were added to the confinement center. On December 25, my baby and I had our temperatures taken at the confinement center, both of which were 38.5 degrees. We all had a fever. That morning, Ms. Yu took a nucleic acid sample at the Liuyang Maternity and Child Health Hospital, and her baby, who was not yet one month old, also tested positive. "The nurse at the confinement center said, you will all get it anyway. That’s what the new crown says, it’s so unreasonable and yet so reasonable. ”

At around 11:00 on December 26, Ms. Yu left Liuyang Maternal and Child Health Hospital with her child. She was admitted from the 20th to the 26th. She actually did not stay for 7 days, but according to the 7-day stay I was charged more than 5,000 yuan. “During this period, many maternity and health care projects were not provided, and many services that should have been provided were not provided, but they still charged me the fee. "

Thinking of her experience in the confinement center, Ms. Yu couldn't let go. "I think they committed fraud. They clearly had positive patients but did not inform them in advance. They didn't issue a disclaimer until after I checked in. This is an overbearing clause. And they are still recruiting people even though they already have positive patients, which is a bit too heartless. "

Ms. Yu believes that the hospital needs to be responsible for her and her baby. "If I live there, they have the obligation and responsibility to ensure our safety in all aspects, including physical health and other aspects. ”

Response: You must sign a disclaimer before admission, and there is no intentional concealment

Did the confinement center deliberately conceal the existence of positive cases?

On December 29, A staff member of Liuyang Maternity and Child Health Hospital’s confinement center responded that the confinement center did not deliberately conceal the situation, and this situation could not be concealed at all. “When Ms. Yu came, we did not have any positive cases. She came here on December 20, and it was only on the 20th that the first person had a fever, but Ms. Yu had already moved in at that time. ”

The staff member also said that not only in the confinement center, according to regulations, you must sign a disclaimer when you are hospitalized in the hospital. There is no guarantee that you will not be infected in the hospital. And whether it is For positive patients, the confinement center will admit the mother. Ms. Yu chose to be discharged. In this case, the confinement center did not retain her. The fees that should be charged will be refunded.

She believes that usually after one positive case appears, there will be another one after another, but in the eyes of many postpartum mothers, it is safer to have a doctor in the hospital at this time. "Every room, We will all wear masks for them. And the mother can’t come out, so we will deliver all the things to the door. Our professional medical staff go in every day to measure their temperatures and test their babies’ blood oxygen. If you have a fever, we will contact the doctor for online video consultation. If there is really any problem with the baby, we will contact the outpatient neonatology department of the hospital in advance to facilitate the baby's visit. In a situation like this, if you are at home, you may not know what to do. ”

As for the remark that “you will get infected anyway” that made Ms. Yu feel dissatisfied, the staff member said, “Maybe it was the staff’s language that made her feel uncomfortable. ”

Lawyer: The disclaimer is an invalid clause and you can claim compensation

Is the disclaimer really a liability?

Yi Xu, a lawyer at Hunan Jinzhou Law Firm It is said that the relationship between Ms. Yu and the confinement center is a service contract. The contract stipulates that the confinement center will not be responsible for contracting the new coronavirus during hospitalization. It is a standard clause exempting liability unilaterally made by the confinement center and is an invalid clause. If it can be proved that the child or mother's infection with COVID-19 is related to nursing problems or the confinement center, it can prove that the confinement center has defects or faults in the service process, and the confinement center can be required to bear liability for breach of contract in accordance with the contract. Ms. Yu can request The confinement center is responsible for medical expenses and subsequent nursing expenses, nutrition expenses and other expenses.

Xiaoxiang Morning News reporter Zhou Lingru