At the beginning of last year, the hospital in Zhejiang province because a doctor violates compasses operation, the person that deliver 5 treatment contracts AIDS virus. This matter causes terrified of the whole people for a time. Not long ago, this case adjudicates the result is announced, the doctor obtains punishment 2 years because of blame of unskillful and faulty medical or surgical treatment half. Imagine not hard, the netizen supports what kind of attitude generally as a result to this one court decision. "Compare the heart the heart, how can this kind of court decision pacify victim and their family member! " " sentenced term of imprisonment causes consequence to not agree with badly with its, you take the justice the family that what will come to protect we and you! " " how does this court decision let compatriots experience? Also did not sentence, let bacteria of AIDS of this doctor inject get directly! Fair justice is reasonable! " " hope country can sentence this kind of crime again, make all doctors OK learn a lesson. Make all doctors OK learn a lesson..
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This court decision still drew capital east father Liu is strong the attention east. "5 the individual's life, 5 families! Change thoroughly from now on, tell the truth, sentence too gently! " Liu Jiang east still plaint, "We have some of domain to violate guilty cost too low, include financial field, the stock market breaks the law operate domain... "
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For the angle from legal punishment, sentencing 2 years to cannot say quite partly is to be sentenced gently. Because " criminal law of People's Republic of China " the 335th regulation, "Because medical personnel is serious irresponsible, cause what person seeing a doctor dies or damage health of body of person seeing a doctor badly, be in 3 years of the following set term of imprisonments or arrest battle. " highest also can sentence 3 years only, pardonable Liu Jiang east say guilty cost is too low.
Nevertheless, medical personnel is afraid won't so look. And can adduce reason -- relation of doctors and patients has been been troubled by so deadlocked, medical personnel pressure already very big, how to say again, unskillful and faulty medical or surgical treatment is scanty now.. do not cause intentionally, how to raise penalty even? So can bear? In severity of a few medical personnel, go down for a long time, be afraid can make such choice only -- difficulty miscellaneous disease is not treated, the medical treatment plan that has a risk is not used, flat even the family that does not let oneself becomes a doctor. So, face ordinary people to enhance penal appeal, medical treatment bound has the voice of a kind of give tit for tat for a long time, medical treatment error " change except the blame " . Be in area of our country Taiwan, passed this year " change except the blame " law.
How should do after all? Be afraid should not change except the blame easily. In fact, our country carries out medical personnel of already enough apt in the judicatory of this respect. Investigator retrieved blame of unskillful and faulty medical or surgical treatment since accusation was established 1997, come 2013, 17 years of court decision writ of a blame of our country unskillful and faulty medical or surgical treatment and media case. Discovery is only 40, year all blame of unskillful and faulty medical or surgical treatment adjudicates 2.5 cases, average measurement of penalty is 1.6 years, probation is led 45% , and these 40 case 95% caused patient death. Appear piece " legal precedent amount is few, and unusually slight, main body is measurement of penalty more basic level medical personnel, judge is excessive depend on appraisal opinion, civil compensation to replace criminal responsibility to wait for a characteristic, and existing on legislation and judicatory a lot of predicament. And existing on legislation and judicatory a lot of predicament..
Is abroad how circumstance? The person that talk points out, be in the United States, although the blame of unskillful and faulty medical or surgical treatment of nonexistent similar our country is the independent accusation of special main body with medical personnel in that way, but can undertake condemnatory as the undesigned homicide of common main body. Resemble American California, appeared in last few years a few cases that investigate doctor criminal duty with intended homicide.
And in light of the criminal legislation that ties a country from the mainland law such as Germany, Japan, France, medical treatment error also applies to criminal law. And, unskillful and faulty medical or surgical treatment the legal and highest punishment of error of this kind of business, want prep above general to open unpremeditated crime. Reason is, medical personnel needs to have professional knowledge of height and technical ability, the patient gives medical personnel high reliance, accordingly, the attention that the doctor ought to bear height is compulsory, should assume heavier responsibility namely. And, this kind of objective harm that business error brings often wants medical treatment error to be more than the harm of common error far. Additional, medical treatment error disobeyed system of technical legal laws and regulations, regulations and industry to ask basically commonly, behavior person has more " with one's eyes open " disrelish, have an order not abide, the law nots comply, its are subjective and malign should pass weightlessness than general apparently. (Tan Zaixiang " the demonstration that crime of error of medical treatment of our country criminal adjudicates studies " )
So, of blame of our country unskillful and faulty medical or surgical treatment highest measurement of penalty of 3 years, compared with error homicide (highest 7 years) , blame of weighty responsibility accident (highest 7 years) , blame of traffic cause trouble (highest 15 years) , be on the low side apparently.
Below this kind of circumstance, be afraid about the measurement of penalty of blame of unskillful and faulty medical or surgical treatment is to be necessary social all circles discusses seriously. The insecurity that doctors and patients concerns really cause of formation is complex, need to be solved vigorously, but the relation between alleviation doctors and patients, not imply should let off standard of those act as if human life is not worth a straw, inobservant profession, irresponsible abominable doctor.
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