On March 18, push from media public date send a problem to be " exclusive | The person is helped on female doctor Gao Tie, the result is asked for however doctor card " the article explodes red network.
The article says, on March 17, female doctor of one old surname is in Guangxi cure is headed for after broadcast is being heard to appeal on motor-car unwell passenger, after the patient improves, be multiplied however Wu personnel asks to show doctor evidence and handwritten circumstance explains " detain of autograph calligraphy and painting " . This doctor feels very helpless, express to will encounter this kind of circumstance to won't help again henceforth.
On March 19 morning, nanning railroad bureau releases excuse to state, undertake an apology to undeserved practice of the staff member. With day, nanning passenger transport paragraph the leader is being taken when the thing the staff member is present to Doctor Chen excuse, also got her forgive.
Actually, "Broadcast looks for a doctor " the practice is very common in journey. So the issue came: It is after all below what circumstance, must be cure the sickness to save the patient shown hold card of doctor of course of study? If do not have hold card of doctor of course of study, caused to the patient damage, what kind of law responsibility should assume again?
Fasten urgent
The law signs up for gentleman to told a few stories to understand to you:
Do sth without authorization is engaged in a doctor hold industry activity
Be suspected of illegal practise medicine
, bright the Maitreya in teaching ancestor child Chang Yuchun is chased after by the person kill, experience " cut heart palm " injury, be dying. Then, chang Yuchun introduces via the person, follow please " celestial being of butterfly cereal cure " introduced from the northern and western nationalities or from abroad Qing Niu has learned the medical skill, Zhang Moji that opens doctor shop in the country a few days to undertake rescueing them. But, right now Zhang Moji follows time of study of introduced from the northern and western nationalities or from abroad young cattle is not long, and did not obtain a doctor hold industry letter.
Have with medicine as a result of Zhang Moji by accident, method of the strength of the hand when acupuncture is incorrect, after this whenever weather of thunder of overcast and rainy, chang Yuchun is met the whole body is aching, year only 40 cruel disease dies.
Below this kind of circumstance, zhang Moji's action is maintained possibly to be " illegal practise medicine " , the likelihood with serious clue makes crime of illegal practise medicine.
Law link:
" People's Republic of China hold law of doctor of course of study " after classics of the 14th doctor is registered, can be in orgnaization of medical treatment, precaution, health care according to what register hold industry spot, hold estate category, hold limits of course of study hold course of study, pursue business of corresponding medical treatment, precaution, health care. Register without the doctor obtain hold industry letter, must not be engaged in a doctor hold industry activity.
" top people court about revising < about hearing case of criminal of illegal practise medicine specific application law the explanation of a certain number of problems > decision " have one of following state the first times, 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.
" criminal law of People's Republic of China " the 336th [have crime of birth control operation blame of illegal practise medicine, illegally] 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 gold of only perhaps punishment; 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.
Below specific emergency
Do not belong to illegal practise medicine, need not carry duty
, blue forthright of gal of hand of the emperor below Kong cave door is far be hit into serious injury by golden beautiful mother-in-law, before riding cart, request toward butterfly cereal " celestial being of butterfly cereal cure " cure of introduced from the northern and western nationalities or from abroad Qing Niu. Expect midway injury affection is exasperate, life on the verge of death or destruction. At this moment, follow the Zhang Moji that introduced from the northern and western nationalities or from abroad Qing Niu learns to cross medical skill a few days is passed, the eye sees the condition is critical,
As a result of Zhang Moji year young, time learning cure is shorter, have not obtain a doctor hold industry letter. Because the operation is undeserved, forthright is far after a cure fail heal, and the condition of an injury worsens further.
Below this kind of circumstance, although Zhang Moji's behavior is far to forthright caused damage, but cannot be maintained to be illegal practise medicine.
Law link:
" general principles of civil code of People's Republic of China " suffer those who aid a person to damage the 184th times because of carrying out urgent deliverance behavior to cause of one's own accord, deliverance person does not assume civil responsibility.
2001, former Ministry of Public Health " the reply that about committing a crime to blame of illegal practise medicine conditional consult opinion cases " point out, following case does not belong to illegal practise medicine:
(One) follow pay a home visit of emergency treatment car or collect blood along with dispatch a vehicle of the car that collect blood;
(2) carry out spot emergency treatment to the patient;
(3) the domestic sickbed that approves via orgnaization of medical treatment, precaution, health care, wholesome support agriculture, visit a patient at home, justice examine that assumes a government to make the job that do and wholesome service approval.
Hold card mount guard, also need to divide circumstance discussion
Zhang Moji is in leave off one's post bright teach the founder of a religion hind, pass an entrance examination doctor hold industry letter, opened with wife Zhao Min " clinic of dragon of massacre leaning on a day " , cure the sickness to save the patient, imagine crock aid world.
Circumstance one:
, fierce should send cliff of Yu another name for Taishan Mountain by little forest clique energetically King Kong points to an injury. Before fierce carries cliff of Yu another name for Taishan Mountain when clique everybody, go to " clinic of dragon of massacre leaning on a day " beg cure to ask medicine. However, place of extinct all one's life learns Zhang Moji, also do not have any operations in treating a process undeserved, still cannot cure cliff of Yu another name for Taishan Mountain, its the condition of an injury worsens further, cliff of Yu another name for Taishan Mountain is lifelong deformity.
Right now Zhang Moji need not assume any responsibility.
Circumstance 2:
, fierce wells balanced when the pear that send abundant by little forest clique energetically King Kong points to an injury, before fierce carries Yan Liting when clique everybody, go to " clinic of dragon of massacre leaning on a day " beg cure to ask medicine. Zhang Moji thinks he is made up " jet is intermittent cream " the condition of an injury that can cure Yan Liting. Because dispensation process is medium,appear however serious error, "Jet is intermittent cream " became bane " 7 bug 7 flowers cream " , bring about Yanli to well balanced the condition of an injury accentuates, life can care.
Right now, zhang Moji should assume tort responsibility possibly is criminal responsibility even.
Law link:
" law of liability of tort of People's Republic of China " fiftieth 4 patients are damaged in activity of diagnosis and treatment, medical establishment and its medical personnel have fault, assume liability to pay compensation by medical establishment.
Fiftieth 7 medical personnel did not use up obligation of as corresponding as the medical treatment level at that time diagnosis and treatment in activity of diagnosis and treatment, cause a patient to damage, medical establishment ought to assume liability to pay compensation.
" criminal law of People's Republic of China " the 335th [blame of unskillful and faulty medical or surgical treatment] 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.
How, saw so much story, hereon kind did you understand the legal responsibility with relevant question?
Want to know, save person and hold course of study is two disparate concepts, hold course of study has definitive place, but help a person. "Hold course of study " must be in specific orgnaization, also exist at the same time get pay to wait with hold the behavior related course of study, must want to have a doctor below this kind of circumstance hold industry letter.
But, when the road treats a patient, before the doctor goes up, rescue them to be belonged to be ready to help others for a just cause, this kind of enthusiasm needs whole society breed, and should be not regarded as hold wait for in light of trade act.
PS. Gut made out of whole cloth, if have fun at,read origianl work by oneself please
(in thanking Beijing always the support of Wang Liang of attorney office solicitor)
Origin | Legal daily[copyright states]
[avoid duty statement]
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