The final verdict of "Li Jianxue's medical accident crime" acquitted the doctor!

On June 11, Fuzhou intermediate people's Court of Fujian Province issued a final judgment on the crime of "Li Jianxue's medical accident" and acquitted Li Jianxue, an obstetrician and gynecologist of Changle City< br / > the "Li Jianxue medical accident crime" which lasted for 8 years ushered in the final trialOn June 11, Fuzhou intermediate people's Court of Fujian Province made a final judgment on the case, declaring Li Jianxue, an obstetrician and gynecologist of Changle City, not guilty! < br / > in the morning of the court hearing, Li Jianxue and AI both asked for leave to come to the court and wait for the court sentenceWhen she got the result that she had been expecting for many years, Li Jianxue was excitedOn January 1, 2012, Chen, a pregnant woman, died 7 hours after giving birth in Changle hospital, Fujian ProvinceThe next day, Changle City Public Security Bureau on suspicion of "medical accident crime" this caseIn the absence of autopsy for the puerpera, the Medical Association of Fujian Province and Fuzhou city believed that the medical party had insufficient understanding of the disease, ineffective rescue measures and causal relationship with the death of the patientThe case was identified as a class a medical accident< br / > in January 2013, Li Jianxue was disqualified from practicing as a doctor and expelled from the partyIn September of that year, the Public Security Bureau of Changle City transferred three suspects, including Li Jianxue, to the people's Procuratorate of Changle city for prosecutionOn December 4, 2017, the people's Court of Cangshan District of Fuzhou City issued a first instance judgment, which sentenced Li Jianxue to be exempt from criminal punishment for medical accidentsAfter the first trial, Li Jianxue refused and appealed< br / > Li Jianxue once said< br / > according to the first trial decision, on the afternoon of December 28, 2011, Chen Mou, the pregnant woman, went to the obstetrics and Gynecology Department of Changle City hospital to go through the formalities of delivery and hospitalization, stayed in the first bed on the third floor of the obstetrics and Gynecology Department of the hospital, and then left the hospital to go home for laborDuring this period, Wu, an obstetrician and gynaecologist of the hospital, received Chen as a doctor in charge and issued a pre natal examination form< br / > at the end of work of Wu the next morning, some conclusions of the test report were not made, Wu did not actively track or refer to the doctor taking over the shift to check in time, so that Chen's abnormal test results such as "hematocrit 43.8%, fibrinogen 5.76g/l, albumin 21.4g/l, urine protein + 3" were checked and understood by the doctor who was not on duty before delivery< br / > on December 31, 2011, Chen returned to the hospital for labor and was delivered to the delivery room at 21 p.m that night Li Jianxue did not check the room to find out Chen's condition At about 21:30, after Chen gave birth to a baby girl, there was more than vaginal bleeding Li Jianxue rushed to the delivery room for treatment and informed Wang, the second-line doctor on duty, to go to the delivery room < br / > in the process of Chen's delivery, Wang found that Chen had no pre delivery test report After checking out from the computer, he found that the test result was abnormal and asked Li Jianxue to continue to observe < br / > in the early morning of January 1, 2012, Li Jianxue arrived at the ward and found that Chen's life was in danger He informed other doctors to come for rescue, but failed to save Chen's life According to the public prosecution, Li Jianxue was seriously irresponsible in the process of diagnosis and treatment According to the relevant provisions of the criminal law, he should be investigated for criminal responsibility for medical accident < br / > previously, Li Jianxue argued in court in the first instance that she was inexperienced in the face of emergencies, but in the process of participating in rescue and staying in the delivery room for further observation, she reported problems to the superior doctor in time and always treated according to the instructions of the superior doctor < br / > on June 26, 2019, the second trial of this case will be held < br / > doctors may be inexperienced, but they should not be made to be "guilty" because of the patient's death Deng Liqiang, a lawyer of Li Jianxue and Beijing Huawei law firm, once pointed out that Li Jianxue's behavior was negligent, but not irresponsible "Li Jianxue left twice to write medical records When she judged that the patient's condition was stable, she also called the doctor to check the situation, and there was no off-duty situation and no maternal treatment "In Deng Liqiang's opinion, besides, after the event, the medical party has already undertaken civil compensation and administrative punishment, and should not be prosecuted for criminal responsibility < br / > there are patients dying every day in the hospital If there is a patient dying, the medical staff will be put on file for investigation Isn't it necessary to put the personal freedom of each medical staff in an uncertain state? In the process of hearing the case, many health and legal seminars were organized Some experts believe that easy entry into the crime will make doctors "walk on thin ice" every day In addition, whether it constitutes the crime of medical accident depends on whether the result of the patient's personal injury is necessarily related to the medical staff's serious irresponsible diagnosis and treatment behavior Deng Liqiang used "great sorrow" to describe his mood after the first trial "If every patient's death requires the doctor to bear criminal responsibility, who is willing to be a doctor? "< br / > Wen Jianmin, a member of the CPPCC National Committee, once called on the two sessions of the National People's Political Consultative Conference to" stop this punishment against doctors " Chen dunjin, an expert witness in the trial and director of Guangzhou severe pregnant women treatment center, also comforted the father of the dead, saying that "the criminal responsibility of doctors should not be traced in this case" < br / > it is understood that in February 2015, Changle hospital has signed a civil settlement agreement with the family members of the puerpera and made a one-time compensation of 1.5 million yuan Li Jianxue has applied for the restoration of doctor's qualification after the first trial, and is also engaged in clinical work as a obstetrician and gynaecologist in his original unit At present, he has employed the title of chief physician < br / > the entry threshold of medical accident crime is the focus of attention of all medical workers in China If the doctors are convicted just to appease the patients' families, it obviously has the spirit of illegal treatment It took eight years for the case, which attracted national attention, to finally usher in the verdict of doctor's innocence There is no doubt that the final result of the case will have a profound impact on the Chinese medical and legal circles < br / > Wang Yue, vice president of the school of medical humanities, Peking University, participated in the seminar on this case After seeing the verdict, Wang Yue put forward five opinions on the case in an interview with the health community < br / > first of all, medical staff should pay more attention to "medical accident crime" Among the many elements of this accusation, the most important and easily ambiguous are two points: first, whether the doctor's behavior is "seriously irresponsible", excluding the factor of technical fault; second, "whether the seriously irresponsible behavior is the cause of the patient's death, and can eliminate reasonable doubt" The second identification is obviously more difficult, and the causality here should be the absolute causality in criminal law < br / > Second, although the medical industry has proposed to abolish the crime of medical accident, in fact, the crime of medical accident is not unique to China, and there are also provisions on medical crime abroad, for example, the United States classifies it as the crime of negligent death China's Criminal Law lists medical malpractice charges separately, which is just the way to consider and deal with the lighter penalty < br / > thirdly, the reason why "Li Jianxue case" has attracted the attention of the society, especially the medical industry, is that there are some problems in the court's fact finding and law application In the determination of causality, whether the identification of Medical Association is based on the causality of civil trial or criminal trial has excluded other reasonable doubts, which has not been fully discussed in the trial < br / > fourthly, the autopsy should be carried out for the corpse with dispute on the cause of death in this case, which is different from the civil case and does not need the consent of the family members of the deceased Although the body has been frozen for a long time, it is significant to eliminate the above reasonable doubts (such as amniotic fluid embolism or vomit aspiration and asphyxia) Without autopsy, the adverse consequences of not doing autopsy that affect the fact finding cannot be attributed to the criminal suspect < br / > fifthly, in the identification of medical accident crime, the case often involves the team fault of organizational medical personnel, as well as the fault of hospital management, which should not be regarded as individual "serious irresponsibility" These organizational factors should be regarded as effective consideration to prevent criminal liability.