Source: [Doctor's News]
Case Review
Recently, the "Liu Xiangfeng Incident in Xiangya Second Hospital" has attracted widespread attention from the society. This incident not only exposed many long-standing problems in the medical industry, such as internal management loopholes in the hospital and the absence of daily supervision and management of regulatory departments, but also pushed the doctor-patient relationship to the forefront. Some netizens even asked: Is there really only one doctor with , Liu Xiangfeng, , who has problems?
According to netizens' reports and media reports, Liu Xiangfeng adopts high-value treatment plans for patients who have no indication of surgery; frequently perform robotic surgery on emergency patients, and charges high fees; coaxes patients to buy health products as medicines; removes the patient's normal pancreas and spleen, which seriously affects the patient's health; removes the patient's normal intestines and ignores the patient's safety; sets up an emergency room privately to perform illegal surgery; arranges a further study doctor to take the surgery on his behalf; deceives the patient or relatives to sign the responsibility letter, so that the patient and his family can bear the responsibility for the surgery...
At present, the Hunan Provincial Health Commission and Central South University have transferred the clues of Liu Xiangfeng's suspected serious violations to the Changsha Municipal Supervision Commission for further investigation.
Responses from all walks of life
On the evening of August 26, the website of the Hunan Provincial Health Commission released a message saying that in response to the issues related to , the Hunan Provincial Health Commission and Central South University, Liu Xiangfeng, deputy chief physician of , the Hunan Provincial Health Commission and Central South University formed a joint investigation team on August 19 to conduct an investigation, and through , Hunan Medical Association, 6 medical experts were organized to conduct professional verification of their medical behavior. After preliminary investigation, it was found that Liu Xiangfeng was suspected of serious violations of the law.
August 28, the website of the Central Commission for Discipline Inspection and the National Supervisory Commission published a commentary article "Resolutely maintain the clean and upright atmosphere in the medical field", saying: It is necessary to resolutely eliminate the "black sheep" that damages the credibility of the medical industry, resolutely dig out the "borerworms" that "rely rely on medicine to eat medicine" and eat medical resources, resolutely safeguard the clean and upright atmosphere in the medical industry, safeguard the lofty image of medical workers, and protect the lives and health of the people.
Lawyer perspective
Promote the development of medical and health care, which is related to people's livelihood and well-being. The Liu Xiangfeng incident may become the fuse for further promoting the reform of the medical system. In response to this incident, the author believes that if the Liu Xiangfeng incident in Xiangya Second Hospital is verified to be true, it will not only seriously deviate from the new era of medical and health professional spirit of doctors who respect life, save lives, are willing to contribute, and have boundless love, have caused bad social impact, but also seriously violate the red line of the law and will be severely punished by the law.
In terms of administrative penalties, according to the provisions of the new " Physician Law of the People's Republic of China " (hereinafter referred to as " Physician Law of the People's Republic of China "), if serious violations of the professional ethics and medical ethics norms of doctors and causes bad social impact, the health and health department of the people's government at or above the provincial level will revoke the Physician Practice Certificate or orders to stop illegal practice activities, and prohibit engaging in medical and health services for five years until life. Therefore, Liu Xiangfeng may become the first doctor to be banned for life after the implementation of the "Doctors Law".
In terms of criminal responsibility, if Liu Xiangfeng has a fact that he has removed a normal human organ of the patient without authorization, according to Article 234 of the Criminal Law of the People's Republic of China, he shall be sentenced to fixed-term imprisonment of not more than three years, detention or control; if the patient is seriously injured, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years; if the patient is killed or the means are particularly cruel, the patient is seriously disabled, he shall be sentenced to fixed-term imprisonment of not more than ten years, life imprisonment or death penalty of not more than ten years.
If the fictitious patient's condition involved in the report or the act of defrauding the patient of paying huge medical expenses is true, it is suspected of fraud. According to the amount of fraud, you can be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and a fine or confiscation of property.
In addition, Liu Xiangfeng should be a state employee. If it is verified that he has used his position to seek illegal benefits in his work, he will also be suspected of committing crimes such as corruption and bribery.
Whether Liu Xiangfeng ultimately constitutes a crime and what kind of crime is constituted, we need to confirm based on the official investigation results.
Article source: Medical Laws and Medical Legal Team Zhang Yong
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