MIGRANT MOTHER'S DEATH PROVOKES DEBATE ON

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 007462

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/13/2032
TAGS: PHUM PGOV PROP SOCI CH
SUBJECT: MIGRANT MOTHER'S DEATH PROVOKES DEBATE ON
INEQUALITY AND MORALITY IN CHINESE SOCIETY

REF: BEIJING 6606

Classified By: Deputy Political Section Chief Ben
Moeling. Reasons 1.4 (b) and (d).

Summary and Comment
--------------


1. (C) The death of a desperately poor migrant worker
and her unborn child at a Beijing hospital has
generated public uproar and a wave of social criticism
by intellectuals. The migrant, 22-year-old Li Liyun,
died November 21 when her common-law husband refused
to sign a permission form to allow doctors to perform
an emergency caesarean section. Public anger appears
to be equally divided between the husband and the
hospital. While our contacts differ over whether the
hospital is legally liable, they agree that the case,
with its themes of poverty, alienated migrants, and a
Darwinian medical system, has struck a raw nerve in a
society ill-at-ease with growing inequality. This
story highlights the social divisions and weak social
safety net that the Communist Party leadership's
"harmonious society" program is designed to address.
The story also illustrates the latitude some market-
oriented Chinese media now have to report on
"sensitive" issues that only a few years ago would
have been off-limits. End summary and comment.

Permission Denied
--------------


2. (U) Beijing news media have given extensive
coverage to the death November 21 of Li Liyun, a
migrant worker from Hunan Province, and her unborn
child. The 22-year-old Li and her baby died after her
common-law husband, Xiao Zhijun, refused to sign a
permission form to allow doctors to perform an
emergency caesarean section. Originally reported as
an isolated tragedy, the story has taken on much
larger significance, our contacts say, because it
touches upon so many social pressure points, including
a general distrust of the medical system, a deficient
social safety net, marginalization of migrant workers
and a lack of moral accountability in China.


3. (U) On November 21, Xiao, a Hunanese migrant worker
who arrived in Beijing in 2006, took his common-law-
wife, Li Liyun, to Chaoyang Hospital's Jingxi branch.
According to press accounts, doctors determined Li,
who was in her ninth month of pregnancy, was suffering
from acute pneumonia and needed to undergo an
emergency caesarean section to save her life and that
of her child. Xiao, however, refused to sign a form
allowing the operation. In subsequent press
interviews, Xiao said he feared the hospital was
demanding his signature because it wanted to absolve
itself of responsibility in the event Li died.
Numerous media reports, however, have speculated that
Xiao also feared he would be unable to pay the cost of
his wife's treatment. Beijing newspapers, led by the
popular, mass-circulation newspaper Xinjing Bao (The
Beijing News),have provided heavy coverage of the
fallout, including the official investigation and the
family's contemplation of a lawsuit against the
hospital. In more recent days, several national news
weeklies, including Nanfang Zhoumo (Southern Weekend)
and Sanlian Shenghuo Zhoukan (Lifeweek) have picked up
the story. The official Xinhua News Agency reported
December 10 that, in reaction to the case, China's
Ministry of Health announced that it will explore the
establishment of a state foundation to help indigent
patients cover medical bills.

Hospital Bears "Moral Responsibility"
--------------


4. (C) Xu Zhiyong (protect),an activist lawyer who
has written about the case for Nanfang Zhoumo, told
PolOff December 6 that, under Chinese law, the
hospital is not liable for Li's death. However, Xu
asserted, the hospital "should bear moral
responsibility." Xu said the hospital focused its
efforts on covering its legal bases rather than saving
Li's life. (Note: Legal experts are divided over
whether Xiao's refusal to sign necessarily precluded
providing treatment in such a life-or-death
emergency.) The hyper-suspicious Xiao, Xu said, is
the product of an environment in which migrant workers
face severe prejudice and are subject to exploitation.
The case, Xu wrote, shows that "this society is so

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deficient in love, love between doctors and patients,
between rich and poor, and between the city and the
countryside."

Just RMB 100 in His Pocket
--------------


5. (C) Legal Daily International Editor Zhang Shensi
(protect) remarked to PolOff December 6 that poverty
was likely a decisive factor in Li's death. Xiao, who
worked as a dishwasher, reportedly had just RMB 100
(USD $14) in his pocket when his wife fell ill. Zhang
speculated that Xiao refused to sign primarily because
he knew he could not afford an operation that would
have cost at least RMB 5,000 (USD 680). Zhang
asserted the hospital is legally liable and was
obligated to provide treatment despite the lack of a
signature. "Just because the husband is ignorant does
not mean the hospital can act in an equally ignorant
way." Unable to convince Xiao to sign the form, and
with Li's condition rapidly deteriorating, the
hospital reportedly spent considerable time contacting
district-level and eventually city-level health
officials for guidance. This "bureaucratic" handling
of the situation, Zhang said, and the unwillingness of
anyone in the hospital or government to take
responsibility have added to public indignation.


6. (C) In a December 10 meeting with PolOff, Beijing
University sociology professor Ma Rong (protect)
agreed that China's medical system is one of the main
sources of public dissatisfaction. Nevertheless, Ma
argued, this anger is primarily directed at hospitals
and individual doctors rather than at government
agencies or the Communist Party. Ma described Xiao's
case as an anomaly. While many rural migrants lack
health insurance, Ma noted, most have family support
networks to help them cope financially with a health
crisis. (Note: Xiao and Li, according to media
reports, were both estranged from their respective
families.) Furthermore, Ma said, the media scrutiny
of the case is itself an indicator of positive change.
Government and public institutions are more
accountable than before. Had the incident taken place
in past decades, Ma argued, it would have gone
unreported and unnoticed.
RANDT