Exclusive reports | Medical prescriptions with "secondary responsibility" doctors are about to open trial due to suspected "medical accident crimes"

Author:Medical newspaper Time:2022.09.04

Physician News (Rong Media reporter Yin Yan Hu Haiyan) The reporter recently learned that the Siming District Court of Xiamen City will open publicly on September 6th, but because of the "responsibility of the medical party" Trial. According to existing information, because the "responsibility of the medical party is responsible" is progressing to the trial stage, it is the first case in the country.

"Medical Daily" earlier received a letter of help from the chief physician of Pediatric Wenhong, the Pediatrics of the First Affiliated Hospital of Xiamen University, and wrote in the letter: "A acute leukemia (high -risk) death caused by my department caused disputes. The appraisal is "the responsibility of the medical party is second." After the civil compensation of the hospital was ended, I was filed for criminal criminal cases for being suspected of being a medical accident. According to Article 335 of the Criminal Law, the original public security The border of this example of the "non -crime" of this example is the "secondary responsibility" of this example, just like '1+1 ≠ 10', the secondary responsibility is criminal, and the case will be withdrawn. Transfer to the court! Immediately, the affected party with a civil lawsuit claimed to me more than 1.4 million! I have been suffering from the courage to disturb the courage to the industry. Help, to stop the "last step" of this wrong case. "

Dr. Wen introduced that on December 7, 2015, Lin Moumou, a child at the age of 13, was treated with acute lymphadenopathy (high risk) to pediatric treatment of the First Affiliated Hospital of Xiamen University. Died. Although acute leukemia is a malignant disease of high mortality rate, she and her colleagues understand that the children's parents are difficult to accept the pain of bereavement, objected to the cause of death, and fully cooperate with the subsequent appraisal and civil lawsuits.

In May 2017, the medical prescription was responsible for being identified by the Xiangya Judicial Appraisal Center of Hunan Province. According to this, the People's Court of Siming District of Xiamen City in September 2017 judged the first key responsibility of Xiamen University Affiliated Hospital to compensate the affected party of more than 530,000 yuan, and the affected party did not appeal to accept the compensation.

Dr. Wen said that when she thought the matter had ended, she could finally calm down to return to normal work, but she ushered in a greater storm. The local police station accepted the advice of the parents of the children and filed a criminal case. In November 2018, the Xiamen Medical Association made a medical accident technical appraisal: first -class medical accidents, and the medical party must be responsible for the secondary. Another "secondary responsibility" appraisal means that after the enhanced version of the "non -crime" iron certificate, the Siming District Procuratorate should make mistakes and stop, but the opposite will be progressing. And move to the court.

Considering the judicial process and receiving a letter of assistance from Dr. Wen, the "Medical Daily" did not disclose the information, but assisted it to apply for legal aid to the Chinese Physician Association. Subsequently, lawyer Li Huijuan, a member of the association's rights protection committee, and Beijing Zhonglun Wende Law Firm, accepted the association and Dr. Wen commissioned as the defender.

Without the court, Li Huijuan did not accept in -depth interviews. He only disclosed the fact that the facts were disclosed. The relevant experts conducted a special academic argument and said: "This case does not even constitute a medical accident, and the medical party should not bear the secondary responsibility."

"The diagnosis and treatment behavior should be improper, crime and non -crime, if the punishment is punished, the punishment is as the division, and it should never be protected. However, if it is still a high level of professional level instead of violations of laws and laws, it is also appreciated to obtain the same industry. Protection to avoid being unjustly injustice! This case involves the high risk of doctors' consultations with critical illness. It is worthy of attention to the patient's life safety and the legitimate rights and interests of the doctor's practice. "Li Huijuan said.

postscript:

The reporter of the "Medical Daily" contacted the relevant person in charge of the case on August 31, and proposed to interview the trial of the court and conduct an interview on related issues. The person in charge stated that he would understand whether the interview was accepted to the relevant parties. On September 2nd, the reporter called the person in charge many times and did not contact him.

"Medical Daily" will continue to pay attention to the case.

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