Li Mouyu, a girl, was examined in the hospital because of weakness in her right foot. She was diagnosed as weak, though all her signs were normal. However, the symptoms of weakness in her right foot have not improved since then, and I don't know why. Later, Li Mouyu's father, Mr. Li, heard that there was a "famous doctor" named Wu in Qujing, Yunnan Province. He had good skills and could go to the hospital for treatment. Mr. Li loves his daughter very much. 202 1,1On February 7, 6, Li Mouyu, who was only 13 years old, came to Qujing, Yunnan for medical treatment from his hometown in Liupanshui, Guizhou. In a classroom of Qujing Qilin Changxing Vocational and Technical School, father and daughter met Wu Mou and 10 patients with silver needles on their faces and hands.
After learning that it was Li Mouyu, I felt unwell and needed to see a doctor. Later, he said that the child was very smart and had no other diseases, but his spine was damaged. Give him an injection years ago and he will be cured, and let Mr. Li's family stay. After that, Li Mouyu was hit with water needles six times and placed silver needles on his head, temples and elbows. However, in the process of acupuncture, the little girl felt strongly unwell and always called it "pain", but Wu Mou turned a deaf ear and said that the little girl was just "stung by the needle", which was not a big problem. Seeing his daughter's pale face and blue lips, Mr. Li asked to call 120 emergency number, but Wu Mou stopped him. Li claimed that he could solve the problem. After more than an hour of rescue in Wu Mou, Wu Mou's men dialed 120 emergency number, but it was too late, and there was nothing they could do! 120 half an hour after the medical staff of the emergency center rushed to the scene for rescue, the medical staff announced to Mr. Li and others that Li Mouyu had died, and a life that had not yet bloomed came to an abrupt end, which was heartbreaking. At present, Wu Mou has been criminally detained by the public security organs on suspicion of criminal offences, and the case is under further investigation. (Case source: Red Star Depth)
Second, the legal analysis
Because the behavior nature of Qujing Qilin Changxing Vocational and Technical School needs further research, this paper only analyzes Wu Mou's behavior:
1. If Wu Mou is qualified to practice medicine, but fails to fulfill his duty of care, there is serious irresponsible behavior in treating patients in informal medical places, and this behavior has led to the serious consequences of the girl Li Mouyu's death. According to Article 335 of the Criminal Law, "Medical personnel who die or seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention".
2. If Wu Mou is not qualified to practice medicine, it is illegal to practice medicine, and it will cause serious consequences. According to Article 336 of the Criminal Law, "whoever illegally practices medicine without obtaining the qualification of a doctor, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; If the patient dies, he shall be sentenced to fixed-term imprisonment of more than ten years and fined. " Wu Mou may be suspected of illegal medical practice. According to relevant news reports, Wu Mou is not qualified to practice medicine, and has been criminally detained by the public security organs on suspicion of illegally practicing medicine.
3. In addition to investigating Wu Mou's criminal responsibility, the victim's family can also file an incidental civil action and claim civil compensation according to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Third, the lawyer's summary
As a patient, we should consult a large public hospital and carry out scientific treatment according to the doctor's advice. Don't rush for success, listen to folk remedies, and avoid being violated by illegal medical practitioners, resulting in double losses of manpower and financial resources. As a medical staff, we should practice medicine according to law, put saving lives first, and never treat patients as ATMs and businesses, otherwise we will be punished by law!