In February 2005, Song Rong went to the District Maternal and Child Health Hospital for routine prenatal examination. /kloc-in June of 0/3, Song Rong received three-dimensional color Doppler ultrasound examination. No abnormalities were found. On September 26th, Song Rong gave birth to her daughter in the District Maternal and Child Health Hospital, and she was discharged with her daughter on June 10. On June 25th, 2006, the newly born daughter of Song Rong and her husband Xu Lin went to the District Maternal and Child Health Hospital for treatment, and was initially diagnosed as systolic murmur and severe pneumonia. Song Rong and Xu Lin believe that the key hospital of maternal and child health care in the district did not perform due diligence when conducting prenatal examination for Song Rong, and did not detect that the child had congenital diseases, that is, left the child in the key hospital of maternal and child health care in the district. Considering that the child is suffering from severe pneumonia, the District Maternal and Child Health Hospital sent the child to Sichuan Provincial People's Hospital (hereinafter referred to as "the provincial hospital") for treatment, and paid the relevant treatment expenses in advance. Since then, the key hospital of maternal and child health care in the district has contacted Song Rong and Xu Lin many times, telling them that their children are hospitalized in the provincial hospital. I hope that the two will go to the provincial hospital to visit their children and go through the relevant hospitalization procedures. At the same time, the District Maternal and Child Health Hospital reported the case to the public security organ, and the public security organ failed to mediate many times. Up to now, the hospitalization of children in provincial hospitals has incurred medical expenses of more than 9000 yuan. In order to carry out normal medical activities and protect their legitimate rights and interests, the District Maternal and Child Health Hospital filed a lawsuit with the court, requesting the court to make a judgment: 1. Song Rong and Xu Lin should bear the legal obligation of support and guardianship; Second, Song Rong and Xu Lin paid 9000 yuan for the medical expenses paid by the key hospital of maternal and child health care in the district.

The above case is a typical medical dispute. Defendants Song Rong and Xu Lin believed that the hospital failed to fulfill its obligations and did not check that the child was suffering from congenital diseases. Therefore, what responsibilities should the parents bear for leaving the child in the District Maternal and Child Health Hospital? What responsibility should the District Maternal and Child Health Hospital bear for the children left in the hospital by the defendants Song Rong and Xu Lin? In view of the above problems, the author believes that this case involves parental rights and the responsibility of guardianship, management or general occupational care for minors. Due to the rich content of parental authority and guardianship of minors, this paper is limited to discussing the responsibility of parents to leave their children in hospital because of medical disputes.

Parents' responsibility for not fulfilling their parental rights or abusing their parental rights:

Parents' responsibilities or rights and obligations to their children come from two aspects, one is parental rights, and the other is guardianship. Parental authority refers to the rights and obligations of parents to discipline and protect their minor children in terms of personal and property. Guardianship refers to the guardian's supervision and protection of the person, property and other legitimate rights and interests of minors and mental patients according to law. Parental rights arise from status and are limited to parents' exercise of minor children; Guardianship is stipulated by law. Guardianship includes not only the respected relatives of prisoners, such as grandparents, brothers and sisters, but also other close relatives and friends, as well as the guardianship authorities. Whether parental authority or guardianship, its purpose is to protect the healthy growth of minors and their legitimate interests. The author distinguishes between parental rights and guardianship, aiming at clarifying the responsibilities of parents to their children.

Rights and obligations of minors:

1. Right to education. Minors have the right to receive compulsory education for a certain number of years according to law, the right to ask schools to offer various courses prescribed by the state, and the right to ask schools to take measures to ensure the quality of teaching. Schools or teachers may not restrict students from attending classes for any reason. If some schools punish students who violate discipline by suspending classes for a week, they actually infringe on students' right to education.

2. Right to life, body and health. While minors receive a good education at school, their rights to life, body and health should be protected. For example, teachers corporal punishment or disguised corporal punishment of students, the collapse of school buildings has caused harm to students, outsiders have caused harm to students, and infringed on students' right to life, body and health.

3. The right to physical freedom and inner freedom. The school's violation of this right includes: teachers forbid students to go to school, enter the classroom, and punish them. It is forbidden for students to go home from school and to have free activities after class. Teachers ask students to accept their own ideas and opinions, force students to subscribe to certain publications, and do not allow students to read freely.

4. Portrait on the right. When a school uses or provides photos about students' study and life for profit, if the photos are based on a specific image of minors, such as only one or several minors in the photos, the school must obtain the consent of the minors or their guardians. Especially in the propaganda about violating school rules and regulations, it is best not to have real photos of minors.

5. Right of reputation. Although minors are young, they enjoy the right of reputation, and schools or teachers shall not insult or slander their personality. If some teachers insult students with words in class, corporal punishment or corporal punishment in disguised form is an infringement of students' reputation right.

6. Privacy. Private letters from minors, ranking of test scores, etc. As long as he or she doesn't want others to know, it can be his or her privacy and protected by law.

7. Right to manage and protect property. Minors' property shall be managed and protected by the school during their study in the school. When the school fails to fulfill its protection obligations and its property is infringed, the school should bear the corresponding civil liability.

8. Independent property rights. Non-confiscation of property is the basic content for minors to own property independently, and schools have no right to confiscate their property. When students read extracurricular books or play with other items in class, they take the form of confiscation, which actually infringes on students' property ownership.

9. The right to take care of life. For example, the lunch provided by the school should be hygienic and nutritious, students should be treated in time when they are sick, and students should be given guidance in dressing and eating. 10, civil activity agent. Minors shall have the right to ask the school to represent them in civil activities that they cannot independently complete during their school days. However, even if it is the act of buying food and school supplies, the school has no right to act as an agent if the minor does not make a request.

1 1. The right to rest and entertainment. As the greatest happiness of minors, rest and entertainment should be one of their main rights at school. Schools should consider their entertainment and rest and allow them to create a healthy and rich campus life.

12. The right to a good campus environment. The Interim Provisions on the Management of Campus Environment in Primary and Secondary Schools clearly stipulates the campus environment, and schools are obliged to take measures to make the campus environment meet the relevant standards to meet the needs of the healthy growth of minors.

13, the right to refuse arbitrary charges. It means that the school has violated the property rights of students, especially parents, and students and parents have the right to refuse.

14. Refuse unreasonable labor rights. The school has the right to organize students to do some labor, but if the school asks students to engage in profitable labor or excessive physical labor, students have the right to refuse. It is also unreasonable to punish students for their homework after making mistakes, and students have the right to refuse.

15. Reject the unreasonable right to activities inside and outside the school. Some schools and even some local governments require primary and secondary school students to participate in performances, which is an unreasonable activity inside and outside the school, and students have the right to refuse.

16, right of honor. All kinds of honors won by minors during their school days, such as winning prizes in various competitions at all levels, winning the titles of "three good students" and "outstanding student cadres", shall not be prevented from obtaining this honor by the school, nor shall they be revoked or deprived at will.

17, all rights reserved. Copyright includes the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration. Students' works during their school days enjoy copyright according to law.

The right to equal treatment. Minors enjoy the same treatment as other minors at school and have the right not to be discriminated against. These include the equal right to enter school and further study, the equal right to study and live in school, and the right to be fairly evaluated.

National laws stipulate and protect the broad rights of minors, but also stipulate various obligations that should be fulfilled.

1, the obligation to safeguard national unity and national unity.

2. Abide by the Constitution and laws, keep state secrets, cherish public property, observe labor discipline, observe public order and respect social morality. Article 53 of China's Constitution clearly stipulates the obligations that the above-mentioned citizens should perform, and every minor, as a citizen of People's Republic of China (PRC), should naturally perform these obligations.

3. Obligation to safeguard national security, honor and interests.

4. The obligation to defend the motherland and perform military service according to law. Article 12 of the Military Service Law stipulates that minors under the age of 18 can also join the army according to the needs of the army and the principle of voluntariness. It can be seen that some minors also have the responsibility to perform military service and defend the motherland under certain circumstances.

5. Obligation to pay taxes according to law. As a part of People's Republic of China (PRC) citizens, minors, like other citizens, have the obligation to pay taxes according to the national tax laws.

Right means a kind of interest and a kind of acquisition; Obligation means a kind of responsibility, even a kind of pay and a kind of sacrifice. In order to ensure the healthy growth of minors, the state has stipulated their extensive rights and created sufficient conditions for them to exercise their rights. At the same time, they should also be educated to be clearly aware of their responsibilities.