(1) Although the person is guilty of medical malpractice, he is exempt from criminal punishment.
According to an online search for medical malpractice cases, Beijing, Guangdong, and Jiangsu provinces have higher incidence rates of medical malpractice crimes. In the medical malpractice criminal cases in Beijing, Guangdong and Jiangsu provinces, even if they constitute a medical malpractice crime, medical staff in Beijing and Guangdong provinces have not been sentenced to actual penalties, and all cases are exempt from criminal punishment.
There is only one public prosecution case in Yunnan Province, but the verdict was that he was exempted from criminal punishment.
(2) Those convicted of medical malpractice and sentenced.
There were four cases in Jiangsu Province in which medical staff were sentenced to actual sentences.
1. Case: Taizhou City Jiangyan District People’s Procuratorate sued defendant Hao Moumou.
(1) Brief introduction to the case
On June 28, 2013, the defendant Hao Moumou knew that the victim Wang Moumou was more than 5 months pregnant and had not obtained the relevant procedures for terminating the pregnancy. Under such circumstances, Wang was secretly prescribed mifepristone to terminate the pregnancy at Yuduo Health Center in Jiangyan District, Taizhou City. Later, at around 16:00 on June 30 of the same year, knowing that Yuduo Health Center was not qualified to perform termination of pregnancy over 14 weeks and failing to conduct necessary preoperative routine examinations on the patient, Wang Moumou was detained at Yuduo Health Center. implemented by the hospital. Later, Wang Moumou suffered severe bleeding during the operation and died after resuscitation failed. It was identified that the victim Wang Moumou died from hemorrhagic shock secondary to disseminated intravascular coagulation (DIC) due to rupture of the inner wall of the uterus due to traction on the uterus during induction of labor, rupture of surrounding blood vessels, and massive bleeding.
The defendant Hao Moumou voluntarily surrendered to the public security organs on July 11, 2065, and truthfully confessed his crime.
In order to substantiate the content of the accusation, the public prosecution agency read out and presented in court evidence such as photos of physical evidence, documentary evidence, witness statements, appraisal opinions, defendant Hao Moumou’s confession and defense, and other evidence. Accordingly, the defendant Hao Moumou, as a medical staff, was seriously irresponsible, resulting in the death of the patient. His behavior violated the provisions of Article 335 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for medical malpractice. The defendant Hao Moumou voluntarily surrendered and truthfully confessed the facts of his crime. According to the provisions of Article 67, Paragraph 1, of the Criminal Law of the People's Republic of China, a person who surrenders himself may be given a lighter punishment.
After trial, it was found that on June 28, 2013, the defendant Hao secretly opened a pregnancy test for Wang, knowing that the victim Wang was more than five months pregnant and had not obtained the relevant procedures for terminating the pregnancy. Mifepristone terminates pregnancy. At about 16:00 on June 30 of the same year, the defendant performed the procedure on Wang Moumou at Yuduo Health Center, knowing that Yuduo Health Center was not qualified to perform pregnancy termination surgery for more than 14 weeks and without conducting necessary preoperative routine examinations. Surgery to terminate pregnancy. Wang Moumou suffered massive bleeding during the operation and died after resuscitation failed.
(2) Judgment result
The defendant Hao Moumou committed the crime of medical malpractice and was sentenced to one year in prison.
2. Case: Sheyang County People’s Procuratorate sued Liu Moujia for the crime of medical malpractice.
(1) Brief introduction to the case
While serving as a practicing assistant physician at the Annan Village Clinic, Xingqiao Town, Sheyang County, the defendant Liu Moujia treated B on the morning of the 14th. Use medicines beyond their prescribed authority and leave before the infusion is completed. Later, Chen B developed an adverse reaction and died on the same day after resuscitation failed. In order to prove the alleged crime, the prosecutor presented and read out evidence in court such as the defendant's confession, witness testimony, forensic autopsy certificate, and medical accident technical appraisal certificate. The public prosecution organ believes that the defendant Liu Moujia should be held criminally responsible for the crime of medical malpractice. After he is brought to justice, he truthfully confesses his crime, and the punishment prescribed in paragraph 3 of Article 67 of the Criminal Law of the People's Republic of China shall apply. During the probation period, the defendant Liu Moujia discovered that there were other undecided crimes before the verdict was announced, and he should be punished for several crimes.
After forensic identification by the Sheyang County Public Security Bureau, Chen B met the requirements for anaphylactic shock caused by intravenous infusion of cefotaxime sodium. The Yancheng City Medical Association believes that Liu Moujia made mistakes during the diagnosis and treatment of B: 1.
Without a clear diagnosis of Chen B, the combined use of antibiotics, especially cefotaxime sodium, is a restricted antibiotic and violates the "Regulations on the Clinical Application of Antibiotics" issued by the health administration department. 2. He left Chen B shortly after the infusion, which violated conventional diagnosis and treatment. Chen B suffered from anaphylactic shock during the infusion process and died without timely rescue. This case is a first-level medical malpractice, and the doctor bears full responsibility.
(2) Judgment Result
The defendant Liu Moujia committed the crime of medical malpractice and was sentenced to ten months in prison.
3. Case: Wang Moujia and Zhang were guilty of medical malpractice.
(1) Brief introduction to the case
2013 65438 At about 15:00 on October 29, the victim Wang was sent to Xinyuan Hospital in Siyang County for treatment due to a traffic accident. Defendant Dai, as the first doctor in the outpatient clinic of the victim Wang, when the CR examination report clearly indicated that the victim Wang might have hemothorax, he only prescribed anti-inflammatory drugs and hemostatic drugs for routine treatment, but did not treat the possible hemorrhage. Diagnosis and treatment of chest. The defendant Dai then admitted the victim Wang to the hospital for treatment in the state of "occipital subcutaneous hematoma, concussion, and patient ××", but did not seriously hand over to the bed doctor. Defendant Zhang, as the bed doctor of the victim Wang, did not carefully review the examination report or examine the victim Wang's hemothorax after receiving her. During the treatment, he did not record any communication with the patient's family. The defendant Wang Moujia, as the doctor on duty, failed to carefully investigate the possible existence of hemothorax during the treatment of the victim Wang. The victim Wang died at 13:16 on October 30 after rescue efforts failed.
According to the identification of the Jiangsu Provincial Medical Association, the victim Wang died of hemorrhagic shock due to severe chest injury. This was mainly related to the failure of traditional Chinese medicine to treat hematoma and massive bleeding in time during the diagnosis and treatment process, and the failure to transfer to the hospital in time. It is a first-level medical accident, and the doctor bears the main responsibility.
(2) Judgment Result
The defendant Wang Moujia committed the crime of medical malpractice and was sentenced to nine months in prison, suspended for one year.
Defendant Zhang was convicted of medical malpractice and sentenced to nine months in prison, suspended for one year.
The defendant Dai committed the crime of medical malpractice and was sentenced to seven months in prison, suspended for one year.
4. Case: Wang 1 caused death by negligence.
(1) Brief introduction to the case
From the second half of 2015 to April 2016, the defendant Wang 1 held the "Rural Doctor Practice Certificate" issued by the Xiayi County Health Bureau of Henan Province. A clinic was set up in 4 rented houses of Mr. Wang in Sun Village Group 2, Sanxing Town, Haimen City to engage in medical activities. At around 20:00 on April 15, 2016, defendant Wang 1 treated patient Yin 4 in the outpatient clinic, using sodium chloride injection, ceftazidime, glucose injection, ribavirin, levofloxacin hydrochloride, and sodium chloride. Injections. During this period, defendant Wang 1 left the clinic and took a bath in a nearby bathroom. At 22:30 that day, Yin 4 developed symptoms such as difficulty breathing and was sent to the hospital where rescue efforts failed and died. After identification, Yin 4 died of anaphylactic shock caused by infusion on the basis of acute pharyngitis and bronchopneumonia.
The public prosecution provided witness testimonies, appraisal conclusions and other evidence for the above charges, and based on this, it was believed that the behavior of defendant Wang 1 constituted the crime of negligent death. Those who voluntarily surrender to the police after committing a crime and truthfully confess their crime are surrenders and may be given a lighter or reduced punishment. For this reason, I request to be punished according to law.
Defendant Wang 1 did not explain the facts of the alleged crime. His defender Jiang Xin put forward the following defense opinion: Defendants 1 and Wang 1 have the qualifications to practice rural doctors, and their behavior of engaging in rural medical activities and causing the death of the person being treated cannot be convicted under the common law of the nature of "double", but should be classified as special Law. 2. Defendant Wang 1 did not make any misdiagnosis during the diagnosis and treatment process, the drugs he used were symptomatic drugs, and he had no subjective fault for the death of the victim. 3. According to the identification conclusion, drugs were not the direct cause of the death of the victim Yin 4, but the death was caused by the victim's own serious illness, infusion allergy, and lack of timely rescue. Therefore, there is no inevitable causal relationship between defendant Wang 1’s diagnosis and treatment behavior and the victim’s death. To sum up, although defendant Wang 1 violated the rules, it did not constitute the crime of negligence causing death.
4. Defendant Wang 1 is a first-time offender. He has surrendered and requested to be exempted from criminal punishment.
After trial, it was found that from the second half of 2015 to April 2016, defendant Wang 1 held a rural doctor’s practice certificate issued by the Xiayi County Health Bureau of Henan Province and violated the regulations prohibiting practice in other places. Without authorization, he rented four houses belonging to Wang from Group 2, Taiyang Village, Sanxing Town, Haimen City, which did not have the conditions for medical first aid, to set up a clinic to engage in medical activities. At around 20:00 on April 6, 2016, defendant Wang 1 treated patient Yin 4 (11, born on October 6, 2008) in the outpatient clinic. Some of the drugs were not tested for skin testing, and some of the drugs were 65438. During the infusion period, defendant Wang 1 left the clinic without authorization and went to a nearby bathroom to take a bath. Around 22:30 that day, Yin 4 developed symptoms such as difficulty breathing. The father of the victim Yin Mou 4 told him on the phone that the defendant returned to the clinic from the bathroom. Since emergency drugs such as epinephrine could not be found, the defendant used dexamethasone, chlorpheniramine and other drugs for rescue. Then, together with the father of the victim Yin Mou 4, the victim Yin Mou 4 was sent to Haimen City Second People's Hospital for rescue. Yin Mou 4 died after the rescue failed. It was identified that Yin 4 died of anaphylactic shock on the basis of acute pharyngitis and bronchopneumonia, of which allergic reaction to blood transfusion was the direct factor of death.
It was also found that after the victim Yin Mou 4 died in the hospital after rescue efforts failed, the defendant Wang Mou 1 who was waiting in the hospital was still waiting at the scene even though he knew that others had called the police. The police summoned him, but he did not resist. After arriving at the case, he truthfully confessed his crime.
It is now found that relatives of the victim Yin Mou 4 have filed an incidental civil lawsuit with this court for the economic losses caused by this case. After mediation by our court, both parties voluntarily reached an agreement. The defendant's relatives have paid off the compensation of 250,000 yuan, and defendant Wang 1 also obtained the forgiveness of the victim's relatives.
In addition, the medical malpractice appraisal agency will not make an assessment of the fact that the defendant is not a medical staff member of a medical institution, whether his behavior constitutes a medical malpractice, and the liability he should bear in the medical malpractice.
(2) Judgment Result
Defendant Wang 1 committed the crime of medical malpractice and was sentenced to one year in prison, suspended for one year and six months.
* * *Similarities of the above four cases:
(1) The victim died.
(2) The medical party shall bear all or major responsibility.
4. The crime of medical malpractice is not a private prosecution case.
In cases of medical malpractice, some patients and/or their families filed private prosecutions in court, demanding that medical staff bear responsibility for the crime of medical malpractice. However, the court held that the crime of medical malpractice was not a private prosecution case and should be prosecuted by the procuratorate. Therefore, all private prosecution cases of medical malpractice were dismissed by the court.
Legal basis:
Article 335 of the "Criminal Law of the People's Republic of China" The crime of medical malpractice refers to the death or serious injury of a patient caused by medical personnel due to serious irresponsibility Those who engage in healthy behavior will be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for filing and prosecution of criminal cases under the jurisdiction of public security organs (1) Article 56 If medical personnel are seriously irresponsible and cause the death of a patient or seriously damage the patient's health, they should File a case for prosecution. Anyone who has any of the following circumstances falls under the "serious irresponsibility" stipulated in this article:
Leaves without permission;
(2) Refusing necessary medical treatment to critically ill patients without justifiable reasons ;
(3) Carrying out experimental medical treatment without approval;
(4) Seriously violating the verification and review system;
(5) Using unauthorized Approved drugs, disinfectants and medical devices;
(6) Serious violations of national laws and regulations and clearly defined technical specifications and diagnostic and treatment routines;
(7) Other serious violations An irresponsible situation.
The term "seriously damaging the patient's health" as mentioned in this article refers to severe disability, serious injury, incurable diseases such as AIDS infection, viral hepatitis, or other consequences that seriously damage the patient's health.