(1) Although he commits the crime of medical accident, he shall be exempted from criminal punishment.
According to the online search of medical malpractice cases, the incidence of medical malpractice crimes in Beijing, Guangdong and Jiangsu provinces is relatively high. In the cases of medical malpractice crimes in Beijing, Guangdong and Jiangsu provinces, even if they constitute medical malpractice crimes, the medical staff in Beijing and Guangdong provinces have not been sentenced to actual punishment, and all cases are exempted from criminal punishment.
There was only one public prosecution case in Yunnan Province, but the verdict was also exempted from criminal punishment.
(2) Being sentenced for the crime of medical malpractice.
In four cases in Jiangsu Province, medical personnel were sentenced to actual punishment.
1. Case: People's Procuratorate of Jiangyan District of Taizhou v. Defendant Hao Moumou.
(1) Brief introduction of the case
On June 28th, 20 13, the defendant Hao moumou prescribed mifepristone to terminate the pregnancy for Wang moumou privately in Yuduo Health Center, Jiangyan District, Taizhou City, knowing that the victim Wang moumou had been pregnant for more than five months and had not obtained the relevant procedures for terminating the pregnancy. Later, on June 30th of the same year, at about 6: 00/kloc-0, Wang was executed in Yuduo Health Center, knowing that Yuduo Health Center was ineligible to perform pregnancy termination surgery for more than 4 weeks/kloc-0, and the patient was not given necessary routine preoperative examination. After that, Wang had a massive hemorrhage during the operation and died after being rescued. It was identified that the victim, Wang Moumou, suffered from bleeding shock and died of disseminated intravascular coagulation (DIC) due to the rupture of the inner wall of the uterus and the rupture of peripheral blood vessels caused by pulling the uterus during induced labor.
Defendant Hao Moumou voluntarily surrendered himself to the public security organ on July, 20654381/KLOC-0, and truthfully confessed his crimes.
In order to confirm the contents of the accusation, the public prosecution agency read out and presented evidence in court, such as photos of physical evidence, documentary evidence, witness testimony, expert opinions, confessions and excuses of the defendant Hao Moumou. 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 People's Republic of China (PRC). The facts of the crime are clear, and the evidence is true and sufficient. He should be investigated for criminal responsibility for the crime of medical accident. The defendant Hao Moumou voluntarily surrendered himself and truthfully confessed his criminal facts. According to the provisions of the first paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC), those who surrender themselves may be given a lighter punishment.
It was found through trial that on June 28th, 20 13, the defendant Hao Mou prescribed mifepristone for Wang to terminate the pregnancy without knowing that the victim Wang had been pregnant for more than five months and had not obtained the relevant procedures for terminating the pregnancy. On June 30th of the same year 16 o'clock, the defendant performed the pregnancy termination operation for Wang in Yuduo Health Center, knowing that Yuduo Health Center was not qualified to perform the pregnancy termination operation for more than 14 weeks, and did not carry out the necessary routine preoperative examination. Wang moumou bled heavily during the operation and died after being rescued.
(2) Judgment results
Defendant Hao Moumou committed the crime of medical accident and was sentenced to one year in prison.
2. Case: Sheyang County People's Procuratorate v. Liu Moujia for committing the crime of medical accident.
(1) Brief introduction of the case
Defendant Liu Moujia, while serving as a practicing assistant physician in the clinic of Annan Village, Xingqiao Town, Sheyang County, used drugs beyond his prescription authority when treating B on the morning of 14, and left before the end of infusion. Later, Chen Mou B had an adverse reaction and died on the same day after being rescued. In order to confirm the alleged crime, the public prosecutor presented and read the defendant's confession, witness testimony, forensic autopsy certificate, medical accident technical appraisal book and other evidence in court. The public prosecution agency believes that the criminal responsibility of the defendant Liu Moujia should be investigated for the crime of medical accident, and he should truthfully confess his crime after being brought to justice, and be punished according to the provisions of the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC). During the probation period, the defendant Liu Moujia found that other crimes had not been decided before the verdict was pronounced, and should be punished for several crimes.
According to the forensic identification of Sheyang Public Security Bureau, Chen Mou B meets the requirements of anaphylactic shock caused by intravenous infusion of cefotaxime sodium. Yancheng Medical Association believes that Liu Moujia was at fault in the diagnosis and treatment of B: 1. Without a definite diagnosis of Chen Mou B, the combined use of antibiotics, especially cefotaxime sodium, is a restricted antibiotic, which violates the Administrative Measures for Clinical Application of Antibiotics of the administrative department of health. He left Chen Mou B soon after infusion, which violated the routine diagnosis and treatment. Chen Mou B died of anaphylactic shock during transfusion, and was not rescued in time. This case is a first-class medical accident, and the doctor is fully responsible.
(2) Judgment results
Defendant Liu Moujia committed the crime of medical accident and was sentenced to 10 months in prison.
3. Case: Wang Moujia and Zhang committed the crime of medical accident.
(1) Brief introduction of the case
At about 201365438+1October 29 15, the victim Wang was sent to Xinyuan hospital in Siyang county for treatment due to a traffic accident. Defendant Dai, as the first attending physician in the outpatient department of the victim Wang, only prescribed anti-inflammatory drugs and hemostatic drugs for routine treatment when the CR examination report clearly indicated that the victim Wang might have hemothorax, but did not diagnose and treat the possible hemothorax. The defendant Daimou then admitted the victim Wang to 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 his hemothorax after receiving the victim's queen. During the treatment, he did not record the communication with the patient's family. As a doctor on duty, the defendant Wang Moujia did not seriously investigate the possible situation of his hemothorax during the treatment of the victim Wang. The victim Wang Yu1October 30th 13+ 16 died after being rescued.
Appraised by Jiangsu Medical Association, the victim, Wang, died of hemorrhagic shock due to serious chest injury, which was mainly related to the failure of Chinese medicine to deal with hematoma and massive bleeding in time during the diagnosis and treatment, and the failure to transfer to hospital in time. It is a first-class medical accident, and the doctor is mainly responsible.
(2) Judgment results
Defendant Wang Moujia committed the crime of medical accident and was sentenced to nine months' imprisonment and suspended for one year.
Defendant Zhang committed the crime of medical malpractice and was sentenced to nine months' imprisonment, suspended for one year.
Defendant Dai committed the crime of medical malpractice and was sentenced to seven months' imprisonment, suspended for one year.
4. Case: Wang 1 negligent death.
(1) Brief introduction of the case
From the second half of 20 15 to April of 20 16, the defendant Wang 1 held the rural doctor's practice certificate issued by the Health Bureau of Xiayi County, Henan Province, and set up a clinic in 4 rented houses of Wang, Group 2, Sun Village, Sanxing Town, Haimen City, to engage in medical activities. 20 1 April 15 at 20 o'clock, the defendant Wang1was in the outpatient department, and was treated with sodium chloride injection, ceftazidime, glucose injection, ribavirin, levofloxacin hydrochloride and sodium chloride injection. During this period, the defendant Wang 1 left the clinic to take a bath in the nearby bathroom. At 22: 30 on the same day, Yin Mou 4 had symptoms such as difficulty breathing and was sent to the hospital for rescue and died. It was identified that Yin Mou 4 died of anaphylactic shock due to infusion on the basis of acute pharyngitis and bronchopneumonia.
The public prosecution agency provided witness testimony, expert conclusion and other evidence for the above allegations, and therefore considered that the behavior of the defendant Wang 1 constituted the crime of negligent death. Voluntary surrender after committing a crime and truthfully confessing one's crime is voluntary surrender, and the punishment may be lightened or mitigated. Therefore, it is requested to be punished according to law.
Defendant Wang 1 failed to account for the alleged criminal facts. Rulu, his defender, put forward the following defense opinions: Defendants 1 and Wang 1 are qualified as rural doctors, and their behavior of engaging in rural medical activities and causing the death of the medical patient cannot be convicted by the common law with the nature of "pocket", but should be characterized as special law. 2. Defendant Wang 1 was not misdiagnosed in the process of diagnosis and treatment, and the drugs used were symptomatic drugs, so there was no subjective fault in the death of the victim. 3. According to the appraisal conclusion, drugs are not the direct cause of the death of the victim Yin Mou4, but the death caused by the victim's own serious illness, infusion allergy and untimely rescue. Therefore, there is no necessary causal relationship between the diagnosis and treatment behavior of the defendant Wang 1 and the death result of the victim. To sum up, although the defendant Wang 1 violated the rules, it did not constitute the crime of negligent death. 4. Defendant Wang 1 is a first-time offender and has surrendered himself, requesting exemption from criminal punishment.
It was found through trial that from the second half of 20 15 to April of 20 16, the defendants Wang 1 held the rural doctor's practice certificate issued by the Health Bureau of Xiayi County, Henan Province, and violated the regulations that it is not allowed to practice in different places, and rented four houses of Wang, a group 2 in Sun Village, Sanxing Town, Haimen City, without medical emergency conditions to set up a clinic for medical activities. 20 1 At about 20 o'clock on April 6th, June, the defendant Wang1treated the patient Yin Mou4 (born on October 6th, 2008 1 1) in the outpatient department. Some drugs were not skin tested, and some drugs were 65438. During the infusion, the defendant Wang 1 left the clinic to take a bath in the nearby bathroom without authorization. At about 22: 30 on the same day, Yin Mou 4 had symptoms such as difficulty breathing. The father of the victim Yin Mou 4 told him by phone that the defendant returned to the clinic from the bathroom. The defendant used dexamethasone, chlorpheniramine and other drugs for rescue because he could not find the first aid drugs such as adrenaline. Then, together with the father of the victim Yin Mou 4, the victim Yin Mou 4 was sent to Haimen Second People's Hospital for rescue, and Yin Mou 4 died after being rescued. It was identified that Yinmou 4 system caused anaphylactic shock death on the basis of acute pharyngolaryngitis and bronchopneumonia, in which transfusion allergic reaction was the direct death factor.
It was also found that after the victim Yin Mou 4 died after being rescued in the hospital, the defendant Wang Mou 1 who was waiting in the hospital was still waiting at the scene knowing that others had called the police. The public security organ summoned him and did not resist. After arriving at the case, he confessed his crimes truthfully.
It is now found out that the relatives of the victim Yin Mou 4 have filed an incidental civil lawsuit with our court for the economic losses caused by this case. After mediation by our hospital, the two parties reached an agreement voluntarily, and the defendant's relatives have paid off the compensation of 250,000 yuan, and the defendant Wang 1 has also obtained the understanding of the victim's relatives.
In addition, the fact that the defendant does not belong to the medical staff of the medical institution, whether his behavior constitutes a medical accident, and the responsibility he should bear in the medical accident, the medical accident appraisal institution will not make an appraisal.
(2) Judgment results
Defendant Wang 1 was convicted of medical accident and sentenced to one year's imprisonment, suspended for one year and six months.
* * * Similarities of the above four cases:
(1) The victim died.
(2) The medical party bears all or major responsibilities.
Fourth, the crime of medical malpractice is not a case of private prosecution.
In the case of the crime of medical malpractice, some patients or/and their families filed a private prosecution with the court, demanding that the medical staff bear the crime of medical malpractice. However, the court held that the crime of medical malpractice was not a case of private prosecution and should be prosecuted by the procuratorate, so all cases of private prosecution of medical malpractice were rejected by the court.
Legal basis:
The crime of medical accident in Article 335 of the Criminal Law of People's Republic of China (PRC) refers to the behavior of medical personnel that causes the death of patients or seriously damages the health of patients due to serious irresponsibility, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecuting (1) Article 56 Medical personnel who are seriously irresponsible and cause death or serious damage to patients' health shall file a case for prosecution. In any of the following circumstances, it belongs to "serious irresponsibility" as stipulated in this article:
AWOL;
(2) Refusing to provide necessary medical treatment for critically ill patients without justifiable reasons;
(three) to carry out experimental medical treatment without approval;
(four) a serious violation of the check and review system;
(five) the use of unauthorized drugs, disinfectants and medical devices;
(six) a serious violation of national laws and regulations and clearly defined technical norms and routine diagnosis and treatment;
(seven) other serious irresponsible circumstances.
The term "seriously damaging the health of patients" as mentioned in this article refers to incurable diseases such as severe disability, serious injury, AIDS infection, viral hepatitis or other consequences that seriously damage the health of patients.