Recently, net of Chinese judge copy clerk is announced one case " the doctor violates compasses operation to send a patient to affect AIDS poison " the judgment of the case.
At the beginning of 2017, the hospital in Zhejiang province because a doctor violates compasses operation, the person that deliver 5 treatment contracts AIDS virus, cause public opinion in an uproar. According to the report that publish, this doctor commits crime of unskillful and faulty medical or surgical treatment, the set term of imprisonment that be sentenced 2 years 6 months.
The doctor is violated compasses 5 patients affect HIV
Jin Fang of Zhao of the accused person fastens Zhejiang to save courtyard of doctor of traditional Chinese medicine (the hospital in province of the following abbreviation) examine the director technician of the division, specific and responsible this courtyard offers to reduce woman abortion probability " close antibody is treated " the depart of the lymphocyte in serving an item, education, collect, extract operation.
On December 30, 2016 morning, doctor Zhao Jin Fang is saving courtyard of doctor of traditional Chinese medicine " close antibody is treated " room of service project education is collected alone, after extract is fostered whole batch in all when 34 males lymphocyte, the examination before becoming an operation seriously, preparation works. Below the circumstance that discovers after the operation begins spare one-time straw is insufficient, zhao Jinfang is held in the arms hold fluky mentality, violate relevant statute badly system about " one person is in charge of abandon " regulation, repeat use across of same root straw to absorb, the agitate, lymphocyte after extracting afore-mentioned education, cause this batch lymphocyte to be polluted by across. Subsequently, zhao Jinfang hands in the lymphocyte that gets pollution by nurse department medical service protects personnel to carry out the inject inside the skin to the spouse of these 34 males.
On January 24, 2017, accept this batch " close antibody is treated " a female is mirrorred to the hospital in the province, say its husband is in by draw-out blood HIV virus already was contracted because of individual reason before appearance. With the world midday, zhao Jinfang is informed this matter to know a problem oneself serious, the situation that the other woman that violates its compasses operation to may send this batch to accept the inject inside the skin faces across to contract HIV virus risk made a report to hospital leader.
Check via urgent platoon after case hair, contracted HIV virus to the female that affirmed 5 attend the inject inside this batch skin early or late in Feburary 2017, among them two people already were pregnant. Via detecting further, the alignment of nucleic acid of HIV poisonous individual plant of the person that discover these 5 infection and before the nucleic acid alignment that narrates man of infection HIV virus belongs to odd department to transmit bunch, height to be the same as a source.
△ basis " close antibody is treated " detect immunity of medicine of the hospital in specification, province examines the report is only, the male in batch cure personnel was being entered on December 30, 2016 undertake function of kidney of antibody of liver of 3 departments, third, HIV+RPR, liver detects crossing second liver before the group, HIV examines to all be negative. Up to on Feburary 5, 2017, there is 62 people HIV to detect after cure for negative. Save attestation of Zhang Mou of doctor in charge of a case of department of gynaecology of courtyard of doctor of traditional Chinese medicine, infection is narrated before the proof HIV virus man is leading period the index when the body platoon that undertake is checked everything is normal. Zhao Jinfang is subjective on contagion sieve already all had been done to check before thinking the man is being treated, stem from fluky ability to disobey a standard to undertake operating.
Confess one's crime admit one's guilt obtain punishment two years 6 months
On Feburary 7, 2017, zhejiang saves wholesome family planning appoint think Zhao Jinfang's operation was disobeyed " byelaw of AIDS prophylaxis and treatment " courtyard of the traditional Chinese medical science that reach a province " impose kind implement use, operating sequence of standard of care " regulation, because hospital technology personnel disobeys operating rules badly,holding this record is, cause across to pollute, bring about virus of AIDS of cure source sex to affect event.
On Feburary 8, 2017 afternoon, jin Fang of Zhao of the accused person is saving Gao Mou of assistant dean of courtyard of doctor of traditional Chinese medicine accompany below, advocate a criminal give himself up to the police of mechanism of tendercy public security.
Forensic cognizance thinks, jin Fang of Zhao of the accused person serves as medical personnel, serious when batch handles other blood sample irresponsible, violate compasses operation, cause health of much person body to suffer damage badly, its behavior already made crime of unskillful and faulty medical or surgical treatment, the charge that public prosecution mechanism charges holds water. This case consequence is serious, the influence is abominable, to the accused person Zhao Jinfang should be punished severely lawfully. After committing a crime in view of Zhao Jinfang automatic a criminal give himself up to the police, confess the guilt that narrates oneself according to the facts, have confess one's crime clue, and admit one's guilt contrition, can grant to be punished lightly, the corresponding opinion that raises to paraclete place gives adopt.
But paraclete with Zhao Jinfang subjective going up is to stem from fluky for the opinion with light requirement, cognizance thinks, because subjective side fastens blame of unskillful and faulty medical or surgical treatment,forming by error, criminal law set the penalty of relatively light delay, occupy with asking light punishment is not had at the law apparently for error again, reason does not grant to support.
Accordingly, the court is in Zhao Jinfang to commit crime of unskillful and faulty medical or surgical treatment at trying on December 12, 2017, sentence a set term of imprisonment 2 years 6 months.
