Social attention gets fully before this " one doctor violates the hospital in Zhejiang province compasses operation, send 5 patients to contract AIDS " be related had newest progress recently. The relevant criminal report that net of Chinese judge copy clerk publishs shows, experience thing doctor is disobeyed badly in unit process of cargo bandling " one person is in charge of abandon " professional regulation, caused 5 people to contract HIV virus (among them two people already were pregnant) . To this, court of people of the city zone on Hangzhou city commits crime of unskillful and faulty medical or surgical treatment at adjudicating experience thing doctor on December 12, 2017, sentence a set term of imprisonment 2 years 6 months.
Incident: ? Person of? of Ma of capture ス catchs AIDS poison
In January 2017, the hospital in Zhejiang province is exposed to the sun " one doctor operation is undeserved, cause a patient to contract AIDS " be related causes public opinion attention. According to Zhejiang the province defends a committee of planning to was reported on Feburary 9, 2017, in those days on January 26 afternoon, this appoint receives Zhejiang to save courtyard of doctor of traditional Chinese medicine to report, a technical personnel disobeys this courtyard badly in some technology operation regulations, the person that this second operates involved treatment may be put in risk of infection AIDS virus.
Via checking, because individual reason contracts AIDS virus outside the hospital,the person that infect a source this to be a cure is in in remedial process, personnel of a technology disobeys the hospital in Zhejiang province " one person is in charge of abandon " operating rules, use straw repeats to cause across to pollute in the operation, the person that bring about a part to treat contracts AIDS virus, cause great unskillful and faulty medical or surgical treatment. Classics disease accuses an orgnaization to detect, diagnose 5.
After the accident, responsibility person makes earnest processing related the hospital in already saving to Zhejiang about the branch: Discharge administrative post of the dean and duty of Party committee vice secretary, give within the party serious punishment of warning; Discharge Party committee secretary within the party the administrative post of post and assistant dean; Post of assistant dean of cancel be assigned personal responsibility for, discharge committee member of its Party committee and give within the party serious punishment of warning; Cancel examines division chairman post; Discharge post of chairman of medical affairs department; Discharge duty of section chief of courtyard move division. Direct responsibility person is investigated by put on record of public security mechanism with be suspected of blame of unskillful and faulty medical or surgical treatment, already adopted criminal coercive measures.
Detail: ? Does シ of of capture of surname of family name of agitate analyse deer hang down Suo ㄔ Fei?
Find out via cognizance: Zhao Jinfang of experience thing doctor fastens Zhejiang to save courtyard of doctor of traditional Chinese medicine to examine division director technician. This courtyard is offerred to reduce woman abortion probability " close antibody is treated " service, the depart that Zhao Jinfang is in charge of operating the lymphocyte in the project, education, collect and extract.
On December 30, 2016 morning, zhao Jinfang saves courtyard of doctor of traditional Chinese medicine in Zhejiang " 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, adopting 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, 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. The problem knows oneself after Zhao Jinfang is informed this circumstance serious, be about to the situation that the other woman that its violate 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, to in Feburary 2017, affirm 5 women that play the inject inside this batch skin contracted HIV virus early or late, among them two people already were pregnant. Of the same age on Feburary 8 afternoon, jin Fang of Zhao of the accused person distinguishs to the city on Hangzhou city public security bureau a criminal give himself up to the police of bureau lakeside police station.
Adjudicative: ? ? of Jian of of uglying chaos capture year 6 months
Judgment content shows, after the accident, zhejiang saves wholesome family planning appoint the fundamental condition to Zhao Jinfang case, produced process and current virus infection condition to undertake investigating, the operation of cognizance Zhao Jinfang was disobeyed " byelaw of AIDS prophylaxis and treatment " thirtieth 3 " orgnaization of medical treatment sanitation and discrepancy condition examine quarantine orgnaization ought to be in charge of a branch to set according to sanitation of the State Council, abide by a standard to defend principle, implement operating rules and alexipharmic management system strictly, prevent to produce AIDS hospital infection and cure source sex appeal to catch " , and the hospital in the province " impose kind implement use, operating sequence of standard of care " in about " change before sucking different liquid, sample or reagent, should change new suction nozzle " regulation.
After expert group classics discusses, think, because hospital technology personnel disobeys operating rules badly,this case is, cause across to pollute, bring about virus of AIDS of cure source sex to affect event.
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, court of people of the city zone on Hangzhou city is in Zhaojin of the accused person to just 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.
