59-year-old psychiatrist was stabbed several times at work.
/kloc-On the evening of 0/6, a journalist from Tianmu contacted Zhang Li, the daughter of the stabbed doctor, and she told the reporter what happened. "My father is 59 years old. He is a psychiatrist at Changchun Psychiatric Hospital, a county-level city hosted by Xinxiang City. " Zhang Li said it happened in the morning of June 65438+1October 65438+1October 0 1. "Listening to my father's colleague said that my father was seeing a patient at the outpatient clinic. The injured person suddenly broke into the office, took out a fruit knife about 7 cm long from his pocket and stabbed his father."
Zhang Li said that the doctor in the clinic next door immediately rushed into the office to subdue the injured after hearing his father calling for help. "My father had been stabbed several times by the injured, including the head, face and back. My father was immediately sent to the operating room for emergency treatment and underwent thoracotomy. At present, the situation tends to be stable, but the body is still full of various instruments. "
According to Zhang Li, the injured person is an inpatient in Changyuan Psychiatric Hospital. I heard that he had a history of mental illness for many years and was a patient before his father. "It is still unclear whether the injured have been in the charge of my father, but they have been discharged from the hospital for nearly 1 month after assessment. This time it is said that I came back to get medicine. " Zhang Li told reporters that on the afternoon of 16, the forensic doctor made a related appraisal of his father's injury, "Look at whether it is a minor injury or a serious injury."
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On the morning of 65438+ 10 17, Tianmu News called Changyuan Psychiatric Hospital, and the staff confirmed that it was true, but the details were not convenient to disclose. A staff member of the Changyuan City Health and Wellness Committee said that it is not clear about this matter.
Lawyer: It is necessary to make a mental appraisal of the injured.
Although his father's physical condition is relatively stable at present, seeing his father lying in a hospital bed, Zhang Li can't help asking, if the injured person is proved to have lost his ability to recognize or control himself, who should be responsible for the pain his father experienced? Changyuan Psychiatric Hospital, as a hospital undertaking the management of severe mental disorders, mental health services and the prevention, treatment and rehabilitation of mental diseases in Changyuan City, has no protective measures and safety measures. Is it necessary to bear joint and several liability?
Tianmu journalists consulted Yuan Xinwei, a partner lawyer of Zhejiang Jindao Law Firm, and Lan, a partner lawyer of Jiangsu Fade Dongheng Law Firm.
Yuan Xinwei believes that according to Article 18 of the Criminal Law of People's Republic of China (PRC), if a mental patient causes harmful results when he cannot identify or control his own behavior, he will not bear criminal responsibility if he is identified by legal procedures, but his family members or guardians should be ordered to take strict care and medical treatment; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.
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Lawyer Lan told the Tianmu journalist that in this case, the perpetrator should be mentally appraised to diagnose whether the perpetrator has completely lost the ability to identify or control his own behavior. "If an actor commits a crime without completely losing the ability to identify or control his own behavior, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. The perpetrator stabbed the doctor. If the doctor reached a minor injury level of more than two, it is possible to file a criminal case. " According to the provisions of the criminal law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Regarding whether the hospital is jointly and severally liable, Mr. Lan said that in judicial practice, hospitals generally do not bear the liability for compensation for such specific and accidental intentional injury cases against doctors. "However, hospitals really need to strengthen security to make doctors' practice environment safer."