Article origin | Make the same score cereal procuratorial work
Health of medical treatment sanitation and our everybody be closely bound up, some " doctor " without aptitude, leave however removed clinic, for operation of patient inject medicaments, operation, disturbed not only order of medical treatment safety, and the health that damaged people badly, procuratorate of smooth cereal division ever had handled such case two cases:
One
Case
1
Lumbago turns over accentuation not gently,
"Highly skilled doctor " not so magical
Some often feels Shang Mou the waist is aching, via hospital inspection discovery its waist suffers from dish of outstanding and oppressive nerve. For be economical, the cure with such-and-such business is desultory, what sicken is as long as 10 years is long, the illness was not reduced all the time. Some hears of Shang Mou smooth Gu Zhen has " Doctor Zhang " between remedial waist dish outstanding result is favorable, after discussing with family, the decision searchs " Doctor Zhang " look.
After the clinic that comes to Zhang Mou, zhang Mou has simple inquiry to its illness, express to use operation of small injection knife 3 times to be able to cure her disease, be perplexed by ache old business is such-and-such and enchanted, decide to accept first time treatment at once. After cure ends, zhang Mou explains week of Shang Mou some to be treated 2 times, can get effective 3 times, can cure 5 times. Business is such-and-such according to " doctor's advice " , treat on time, after the 10th times cure ends, the waist is aching instead aggravate, some takes Shang Mou lie to be installed hard, can bend a waist to walk only. Some looks for Shang Mou Zhang Mou is academic, ask its reimburse the cost of 3000 yuan of cure that its cost early or late, both sides produces quarrel. Business is such-and-such the practise medicine qualification that family begins to oppugn Zhang Mou, to ask for a remedial charge, business is such-and-such report a case to the security authorities to public security mechanism.
Via checking, because disobey,have twice before guilty suspect Zhang Mou " medical establishment regulation " the 24th regulation is punished by administration. Guilty suspect Zhang Mou is in did not obtain letter of doctor profession qualification and after be punished twice by service administration, again illegal practise medicine, the clue is serious, its behavior offended " criminal law of People's Republic of China " the 336th regulation. Because of Zhang Mou some eyesight 2 class deformity, belong the blind person, and its are had confess one's crime clue, be sentenced finally to be blame of illegal practise medicine by the court, arrest battle 5 months, probation 10 months, punish golden RMB 2000 yuan.
2
The patient dies in infusion process,
Doctor none know the inside story
Midday of some the world, patient Zhang Mou some because voice is uncomfortable, give those who be the same as a village " Doctor He " call oneself give infusion in asking its to come to the home. He Mou is same as usual, with fluid of sodium chloride inject and ketone of head Bao Pai Shubatanna is its infusion, observation sets his mind at to leave after more than 10 minutes. That evening wholesome supervisory branch drives He Mou to the home in, when its small clinic is banned lawfully, he just is informed Zhang Mou some dies in infusion process.
Via appraisal of legal medical expert, some suffers from patient Zhang Mou severe coronary heart disease and cardiac muscle hypertrophy, he Mou is opposite the case that decides without clear examine issues piece of such-and-such disease to be applied blindly treat, increase burden of its cardiac function, bring about Zhang Mou some produces acute cardiac muscle to straighten dead, the agree carries main responsibility.
Via checking, he Mou from after defending school graduate, in did not obtain doctor qualification certificate and doctor hold see a doctor for the villager below the circumstance of industry letter, when to Zhang Mou some undertakes infusion is treated, cause piece of such-and-such death, belong to " criminal law of People's Republic of China " of the 336th regulation " did not obtain a doctor hold the person of job seniority is illegal practise medicine " . Final He Mou is sentenced by the court blame of illegal practise medicine, set term of imprisonment 6 years, punish golden RMB 6000 yuan.
2
Legal link
"Blame of illegal practise medicine "
Criminal law of People's Republic of China the 336th [blame of illegal practise medicine] : Did not obtain a doctor hold the person of job seniority is illegal practise medicine, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in or only punishment gold; Damage health of body of person seeing a doctor badly, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Cause person seeing a doctor to die, be in set term of imprisonment of 10 years of above, punish gold.
"Did not obtain a doctor hold of job seniority
The person is illegal practise medicine "
Top people court " about hearing case of criminal of illegal practise medicine specific application law the explanation of a certain number of problems " the first regulation, have one of following state, should maintain for criminal law of the 336th the first section provision " did not obtain a doctor hold the person of job seniority is illegal practise medicine " :
(one) was not obtained or obtain doctor qualification to undertake medical treatment activity with illegal means;
(2) by lawfully revoke doctor hold medical treatment activity undertakes during industry letter;
(3) did not obtain rustic doctor hold industry letter, undertake activity of rustic medical treatment;
(4) domestic deliver a child member of the medical treatment behavior beyond executive family deliver a child.
Hold card of qualification of doctor of course of study is to pass what the whole nation unites hold qualification of doctor of course of study takes an exam and hold after qualification of trade assistant doctor takes an exam, defend a committee of planning to unite by the country extend, it is the certificate that our country is engaged in a doctor must be being had, the proof holds a witness to have the technology that pursues medical treatment activity independently and capacity. Did not obtain hold of card of qualification of doctor of course of study " doctor " belong to illegal practise medicine.
"The clue is serious "
Top people court " about hearing case of criminal of illegal practise medicine specific application law the explanation of a certain number of problems " the 2nd regulation, have one of following state, should maintain for criminal law of the 336th the first section provision " the clue is serious " :
(one) cause person seeing a doctor to spend deformity, organ gently to organize injury to bring about general function obstacle;
(2) cause nail kind contagion transmission, popularity perhaps has transmission, popular risk;
(3) use holiday medicine, bad medicine or the wholesome material that do not accord with a country to set a standard, medical apparatus and instruments, enough endangers human body health badly;
(4) after illegal practise medicine is punished twice by wholesome service administration, again of illegal practise medicine;
(5) the standard with other serious scenario. Medical establishment regulation reachs regulation of executive detailed rules, medical establishment hold course of study, must undertake registering, get " medical establishment hold licence of course of study " . Any units and individual, did not obtain this letter, must not develop activity of diagnosis and treatment.
3
Inquisitor reminds
The public should establish concept of safe go to a doctor, enhance ego to protect consciousness, after falling ill, ought to mix to normal hospital clinic accepts treatment, be sure to keep in mind cannot by illegal practise medicine cheap collect fees and convenient becloud of place seeing a doctor. Otherwise, the likelihood of bungle is first-rate cure time, paid possibility is the cost of life, cause beyond recall harm to oneself and family. In the meantime, offer a piece of advice the person that aptitude of those extremelying He Zhiye consider to borrow practise medicine to make money again, do not bite off own head.
