Recommended by Suzhou criminal lawyer

Only one month later, nosocomial infections occurred in hospitals in Guangdong and Jiangsu. On May 27th, a large-scale nosocomial infection broke out in Dongtai People's Hospital of Jiangsu Province, and 69 hemodialysis patients were diagnosed with hepatitis C virus. At the end of April, 9 newborns were infected in Shunde Hospital of Southern Medical University 19, among which 5 newborns died and 14 were treated. In the investigation reports of the health committees of the two places, it is mentioned that the management of hospital acquisition is not in place. To this end, the health department took stock of the 17 incident of removing the complex feeling disclosed by the media in the past five years, sorted out its causes and final treatment results, and explained through legal persons why some responsible persons in these cases were investigated for criminal responsibility. Inventory of major hospital infection accidents from 2005 to 20 19? Source of data: Media reports and official website events in local health departments: How difficult is it for ordinary people to use? In this "17" incident, the plot of "* * * used" appeared 14 times. In 20 13 years, 99 people were infected with hepatitis C because medical staff used needles. 20/kloc-in February, 2006, 26 patients were infected with hepatitis c in Zhen' an county, Shaanxi province, because the staff in the hemodialysis room of the hospital simplified the operation process, many people used heparin syringes, and patients with hepatitis b and hepatitis c were not isolated for dialysis. Hemodialysis patients and patients with infectious diseases use dialysis machines, patients use syringes, newborns use bottles, sheets, and even use wards with other adult patients ... In the 17 serious hospital-acquired incident disclosed by the media, disposable instruments were reused and durable instruments were not disinfected in place, which increased the risk of infection for users. In addition, in 17 hospital, the fault of "imperfect management system" in seven hospitals was explicitly mentioned. This means that the problem of other 10 hospitals lies in the implementation of management system. As for the specific implementation, the relevant front-line personnel told the health department: "It is impossible to achieve one thing and one use, which seems to be knowingly committed. Behind it is the superposition of various factors such as insufficient funds, insufficient personnel and insufficient corresponding supervision mechanism." Department: The incidence of nosocomial infection in hemodialysis room is high. There were 7 cases in the hemodialysis room in the incident of removing hospital infection from the health department 17. Once infected, the number of people involved was very wide, ranging from 18 to 69. Infected viruses include hepatitis C, hepatitis B and AIDS. On 20 17, an nosocomial infection occurred in Zhejiang Provincial Hospital of Traditional Chinese Medicine, and even two patients infected with HIV were pregnant women. Once nosocomial infection occurs in neonatal room, it will bring the most serious loss of life. At least five babies died in three hospital-acquired accidents publicly reported in the neonatal room. On the one hand, newborns have weak constitution and low immunity, on the other hand, newborns can't express it, and it is not easy to find it early after infection, which leads to a high mortality rate of neonatal infection. In these cases, not only did "one person, one bed and one disinfection" not be achieved, but the hand washing rate of nurses was 1.000%. Even in Tianjin Jixian Maternal and Child Health Hospital, newborns are mixed with adult patients and their families. In addition to hemodialysis room and neonatal room, there have also been serious hospital-acquired incidents in operating room and outpatient department. Among them, in 2005, when a hospital in Suzhou, Anhui Province performed phacoemulsification for 10 patients, 9 patients were infected by instruments and liquid medicine, which seriously violated many hygiene standards in the operating room, resulting in unilateral enucleation. ? Handling: The dean is dismissed or dismissed, and the person directly in charge bears criminal responsibility. Among the 65,438+07 serious hospital-acquired incidents, there were two clinics and 65,438+05 hospitals. Except for the deans of Xinhua Hospital in Huainan, Anhui Province and Overseas Chinese Hospital in Shantou, Guangdong Province, the deans of the other five hospitals were dismissed, and the deans of seven hospitals were dismissed. (Note: Expulsion is a disciplinary action in party member, and there is a risk of criminal negligence; Dismissal is an organizational measure and can be appointed separately); The head of the department and the person in charge of poor supervision are either dismissed or subject to administrative sanctions. Among them, in the three incidents, the relevant competent leaders of the local health department (formerly the health department) were dealt with, the above-mentioned Shunde hospital was disqualified from the top three, and Suzhou Municipal Hospital was disqualified from the title of second-class first-class hospital. According to public information, the persons directly responsible for the three incidents were investigated for criminal responsibility. Among them, Zhao Jinfang, the technician in charge of the laboratory of Zhejiang Provincial Hospital of Traditional Chinese Medicine, seriously violated the "iron law" of professional operation of "one person, one tube and one discard" when collecting and purifying lymphocytes in the service project of "closed antibody therapy", and repeatedly used the same straw to cross-suck, stir and extract lymphocytes from the operated batches of people, resulting in many people being infected with HIV. Finally, he was sentenced to fixed-term imprisonment for the crime of medical accident. So what circumstances will be investigated for criminal responsibility in such incidents? Lawyer Zhang Zhenzu, a senior partner of Beijing Hairun Tian Rui Law Firm and a senior lecturer of China Public Security University, said that Article 335 of the Criminal Law stipulates that medical personnel who cause the death of patients or seriously damage the health of patients due to serious irresponsibility shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Considering the professional characteristics of medical staff, the determination of this crime should constitute "serious negligence", such as using the wrong medicine, seriously violating the rules, leaving the post without permission, etc. The second is to form a clear causal relationship, and the third is to consider the consequences, that is, to cause death or seriously damage the health of patients. Lawyer Zhang pointed out that the result of "causing the patient to die" is clear, but it is difficult to list all the possibilities of "seriously damaging the patient's health" in the criminal law, but in an appeal case, HIV infection can be defined as "seriously damaging the patient's health". In practice, judicial organs should not only consider the degree of damage, but also comprehensively consider the number and period of victims to evaluate social harm. He believes that the "medical accident" in the crime of medical accident is not completely equivalent to the medical accident in the Regulations on the Handling of Medical Accidents implemented in China in 2002. The conclusion of the latter is made by the professional appraisal committee organized by the health department, and the determination of the fourth-level accident can be used as one of the basis for the determination of the crime of medical accident. Lawyer Zhang also pointed out that if the medical staff, with the clear purpose of reducing costs, knows that their actions will cause personal injury to others and violate medical laws and regulations, causing injury facts, they are suspected of intentional injury. Disclaimer: The above content comes from the Internet, and the copyright belongs to the original author. If there is any infringement of your original copyright, please let us know and we will delete the relevant content as soon as possible.