Medical Terms
Cure of China of desk of issue of Li Kewen medical treatment learns technical appraisement of unskillful and faulty medical or surgical treatment to state friend of book congratulate flourish
China medical of respect meets medical appraisal expert:
Beijing University undergraduate course is before our son Likewen dies of illness the student with 4 excellent year, he has deep love for life, attention is healthy, assiduous and academic, win numerous state award before one‘s death, have adolescent of 98 years of gold prize of exposition of inventions of 97 years of the 10th whole nation, the 9th whole nation among them creation first prize, obtain copyright of 3 computers software 4 years to register certificate, make Chinese GBA simulator the first person. However, he is in the accused Beijing University kidney transplant of the 3rd hospital after art, the error of great medical treatment because of the accused and serious irresponsible, cause infection of virus of liver of second of cure source sex, afterwards sends liver function exhaustion, die unfortunately on July 1 at 4 years.
Our accuser thinks, the 3rd hospital ought to assume the accused Beijing University case of illness of Li Kewen death the complete responsibility of the unskillful and faulty medical or surgical treatment such as one stage shell. Main fact and reason are as follows:
One, hepatitis B virus affects sex of source of cure of the person that the accused disobeys convention of diagnosis and treatment to be brought about dead
(1) Like text second the assay examination such as the several liver result before kidney transplant, confirm from the liver that do not have second virus is affected.
(2) Li Kewen‘s parents namely the assay such as the liver result of 2 accuser checks a result, confirm from the liver that do not have second virus is affected.
(3) this second after kidney transplant, li Kewen contracts second liver virus, suffer from on hepatitis B.
(4) the accused has admitted when judicial qualitative testimony, the period of efficacy of assay sheet is 3 months. The court has decided the accused is referred the evidence that for body sheet of 7 pieces of assay cannot regard this case as on April 15, 2003. Inside before the accused is taking the kidney that supply system 3 months, did not undertake to supplying system the necessary assay such as second liver virus is checked. Differentiate relapses what the accused meets in city class and area class medicine to say in stating a book: " this assay sheet is apart from operation time longer (8 lunar beyond) , concern with the specialty that makes for capital punishment for body " the ego allegation of the accused cuts a proof truly namely, the kidney inside body offers embedded Likewen body, at least 8 month beyond before art do not have pair of kidney origin undertake for body the relevant assay such as second liver virus is checked, this is the fact that does not dispute.
(5) dead reason of Likewen is liver function exhaustion, be not result from nephritic disease.
(6) 5 index show virus of liver of the second before Likewen dies big 3 this world, 109copies/ml of HBV DNAFQ1.38 × , those who prove second liver virus is many is duplicate; 5 × of HCVRNA ﹤ 102copies/ml, the amount with third liver duplicate virus is extremely small; The damage that proves cell of Li Kewen liver further is necrotic, it is second liver virus erupts inside liver cell the gender is duplicate the result that bring about, cause liver function to fail thereby and cause person death.
(7) the medical treatment behavior of normative kidney transplant, have routine of diagnosis and treatment.
Beijing health bureau is made up in July 2002 the first edition " surgical diagnosis and treatment is groovy " dozenth chapter kidney transplant the 449th page, the body chooses a level for kidney (5) regulation: "Contract sexual disease without systemic sex bacterium or virus before one‘s death, hepatitis of sex of the n/med tuberculosis that be like kidney, activity. Without haemal disease, wait without tumor and disease of kidney of heart lungs liver. " apparent, the accused did not undertake to supplying system effective assay is checked, in order to affirm except offers disease of sex of infection of virus of body second liver. The accused had been disobeyed " surgical diagnosis and treatment is groovy " the regulation of kidney transplant. However, opinion of analysis of home of technical secondary school of testimonial of Beijing cure society thinks organic transplanting operation does not have unified convention the 3rd times, this is right " surgical diagnosis and treatment is groovy " disregard, undoubted this " surgical diagnosis and treatment is groovy " it is Beijing area medical establishment at least must the medical treatment that comply with carries out is normative. Beijing cure learns this second appraisal to was suspected of making the appraisal conclusion that reduces liability for its when responsibility of the accused shirk, such practice is inequitable to the dead and accuser apparently.
(8) during be in hospital of Li Kewen kidney transplant, younger brother of accuser plum A sees on column of announcement of wall of ward nurse station the liver result of person of equality of operation doctor Luokang checks result bay to fight masculine gender, the hospital ever asked they go checking, luokang makes the same score the person that regard Likewen as the art of kidney transplant operation, because the glove is piercing,mix possibly on operating-table of the hand stab, the operation that blood of virus of its second liver goes is polluted, also be one of ways that caused infection of second liver virus to Likewen. Here, accuser asks the accused quote proves the operation personnel such as Luo Kangping is not the person that second liver virus is carried.
(9) taking a body to offer kidney organ in whole process, the medical personnel in surgery team bay fight masculine gender, also be one of origin that sex of source of cure of second liver virus pollutes. In addition, cadaver kidney carries saved appliance, if without strict disinfection, it is one of origin that sex of source of cure of second liver virus pollutes likewise, it is however in process of early days lawsuit, the accused is not had detect relevantly data logging, explain accuser did not carry saved appliance to undertake necessary disinfection is handled to cadaver kidney. Here, kidney of cadaver of quote of accuser requirement the accused carries what saved appliance disinfects to concern examine data.
(10) " a certain number of regulations of top people court about civil suit evidence " the 4th the 8th regulation, "Because of the tort litigation that medical treatment behavior causes, by cure of medical establishment go to a doctor behavior and damage a result between nonexistent causal reach fault of nonexistent medical treatment to assume quote responsibility. " " Beijing is advanced people court about hearing case of dispute of medical treatment damages the opinion of a certain number of problems (try out) " the 6th regulation, "In case of dispute of medical treatment damages, patient one party ought to prove to medical treatment exists to erupt simultaneously between its and medical establishment above all unripe medical treatment is damaged. Medical establishment should behavior of cure of go to a doctor and damage consequence between nonexistent causal reach nonexistent fault to assume quote responsibility. " accuser already quote proof, likewen before kidney transplant art without hepatitis B. Dead result of Li Kewen is not the other disease as a result of nephrosis or oneself, the place of major mistake fault that violates convention of diagnosis and treatment because of the accused however causes, it is the accused is violated compasses the medical treatment action that has kidney transplant, cause cure source sex to the dead infection of hepatitis B virus, afterwards sends liver function exhaustion, brought about dead result of Likewen, this second unskillful and faulty medical or surgical treatment damages consequence complete by the medical treatment of the accused error behavior is caused, and the accused fails the harm that the medical treatment behavior of quote proof the accused and dead suffer from exhaustion of hepatitis B liver function to die is sequential between nonexistent causal, also fail to prove the accused is nonexistent fault of fault of diagnosis and treatment.
2, the accused cure protects staff increase to fume a heart, use remedy illegally to Likewen
The medicaments ALG that the cure of the accused protects personnel to get without permission (Ati-humanLymphocyteGlubin of globulin of immunity of cell of the T that fight a person) let accuser money (every 890 yuan of RMBs, common 10, 8900 yuan) give after sister, be defeated to Li Kewen vein note this medicaments, of this medicaments collect fees unexpectedly by the sister collection of ward, and by ward matron private and custodial this medicine, privately collects fees privately uses remedy to the patient, after-thought rises now is quirk really! Via checking " pharmacopoeia of People‘s Republic of China " the clinical notice that use drug the 833rd page the account about ALG, "The lymphocyte immunity horse that ALG is a person or hare place obtain antiserum (ALG) refine and get. " if the person privately such as the matron of the accused gets this drug, privately collects fees, do sth without authorization is used to the patient, so how does the safety using drug of medical establishment assure? ALG is preparation of a kind of biology, without the drug that purchases legally through normal channel, also be to give Likewen to bring virus to wait for the likelihood that sex appeal of source of biology pathogeny cure catchs undoubtedly way! According to " Pharmaceutical Affairs Law of People‘s Republic of China " the 26th regulation, "Medical establishment purchases drug, must be built and carry out examination of replenish onr‘s stock to check and accept a system, identify proof of qualification of medicines and chemical reagents and other label; Do not accord with those who set a requirement, must not be purchased and use. " apparent, the cure of the accused protects personnel for covet gold, be opposite actually healthy life of the patient at disregarding, illegal accumulate wealth by unfair means uses drug, its greedy degree makes a person adv unimaginably!
3, the diagnosis and treatment that the accused disobeys virus sex hepatitis is groovy, ignore result of the liver after Li Kewen art lasts unusual, incur loss through delay inchoate diagnose, remedial time, send exhaustion of Li Kewen liver function, death to cannot be gone against eventually turn
Li Kewen from Feburary 2, 2004 transaminase lifts begin, till in those days transaminase lifts apparently continuously during May 17, in be as long as in the time of 3 months, the pathogeny that the accused hospital was not damaged in the light of liver result from beginning to end undertakes searching, as soon as possible is diagnosed clearly, serious incur loss through delay of hepatitis of second virus sex diagnose, thereby incur loss through delay significant remedial time, otherwise, li Kewen does not send liver function exhaustion to cannot be gone against turn. Beijing health bureau is made up in July 2002 the first edition " medical diagnosis and treatment is groovy " hepatitis of sex of virus of the 2nd chapter the 436th ～ 439 pages the 3rd, heavy-duty hepatitis treats a regulation, "Should inchoate discovery, diagnose and seasonable and comprehensive treatment. ... . . . ..
The accused disobeys virus sex hepatitis this kind convention of diagnosis and treatment, serious irresponsible error behavior, also be one of causes that cause result of Li Kewen death.
4, operation of the accused operation is crude cut off patient seminiferous duct, enlarge the enroach on to human body
Kidney transplant operation is not must cut off energy demand seminiferous duct, the purpose that cut off is operation doctor goes to the lavatory for him operation just, the kidney of transplanting is put in Qia nest to ought to notice to protect energy demand seminiferous duct, especially case Li Kewen or a this male youth of 24 years old, seminiferous duct has blocked a side before kidney transplant, behoove has protected only another side seminiferous duct. However, what this second operation doctor operates for him operation is convenient, wanton still the seminiferous duct that cut off Likewen. The courtyard just did not inform us before art not only, and the ability when we see the operation is recorded also is after art discovery cut off seminiferous duct, just admitting via examining minutely Luo Kangping is him cut off seminiferous duct when the operation. This action was encroached have right of square know the inside story, also violated person right of Likewen.
5, the accused do sth without authorization changes operation doctor, did not fulfill duty to encroach the option of know the inside story of accuser by the agreement
Accuser presses the agreement before art, the operation physician that met 600 yuan rolls call cost, the operation doctor of the choice is the Ma Lulin of the accused hospital. However, ma Lulin took a patient call-over cost does not give Likewen to become an operation personally by the agreement however. Although have Ma Lulin‘s name,the operation 4 years January 10 records the accused, but the surgery that day nurses the record that records sheet: Art person it is Luo Kangping! The operation records record: Anesthetist is Zhang Geng; Surgery nurses the record that records sheet: Anaesthetic person it is Na Xingping. After all who is the doctor that becomes an operation to Likewen? Who is the anesthetist that gives Likewen anaesthesia? So big operation is the life that the accused takes a patient anyhow so become trifling matter?
6, the accused for many times deliberate practise fraud, fictional nitty-gritty
The accused refers " summary of Li Kewen anamnesis " , weigh Likewen emergency call was admitted to hospital on January 9, 2004, and actual condition is, outpatient service is admitted to hospital, patient situation is general, home page of ill case of be in hospital and nurse anamnesis home page can confirm. In addition, because transplanting kidney supplies system,the accused has admitted is the specialty that capital punishment makes, before this second art 8 month beyond did not make relevant assay inspection to the person that offer. However, beijing cure meets word of cure ancient bronze mirror [expert of book of technical appraisement of unskillful and faulty medical or surgical treatment analyses 2007-023-603] number opinion 3 miscall: "This courtyard is opposite this exemple carried out kidney transplant advancement to go examine before kidney transplant art (see the doctor‘s advice after art records kidney transplant of Li Kewen anamnesis the 31st times) , explain this courtyard is before transplanting art examine to undertaking for person. But did not examine report sheet is written perhaps record existence blemish. " this appraisal opinion that Beijing class medicine meets holds a fact apparently conclusion of not clear, appraisal has by accident. Here, what we see is a detail specification that collect fees merely, this can explain only for the accused collection the patient examines charge, but examine without what have a fact, because do not have relevant any examining that record or examine report bill tries mutual confirm. Besides, this so called doctor‘s advice is not Beijing University the 3rd hospital consolidates sheet of black-and-white doctor‘s advice, open the usual practice that gives doctor‘s advice by hospital doctor normally, doctor‘s advice ought to handwritten and rather than is printed.
7, opinion of appraisal of expert of Beijing cure society and hospital of Beijing ground altar all think: The accused is in patient kidney transplant the liver function after art is unusual did not grant to take seriously, error of existence medical treatment
Word of ancient bronze mirror of cure of Beijing cure society [opinion of analysis of 2007-023-603] date expert thinks the 2nd times " this courtyard lasts to this exemple patient longer transaminase is elevatory did not take seriously, be in especially circumstance that infection of third liver virus exists before kidney transplant art, below the premise that did not eliminate hepatitis of second virus sex, consider medicaments sex hepatitis only, pure give protect liver to be treated to disease, violated the principle of diagnosis and treatment of medicaments sex hepatitis. " in this respect, accuser thinks the accused is had apparently cannot the responsibility of shirk.
Record of death of hospital of Beijing ground altar thinks likewise, "Experience lesson: Use immune depressor patient for a long time, transplant especially the patient after art, should check a series of cause of disease such as virus of liver of third of second liver virus to learn index, in order to accomplish early discovery early treatment. . . . . . . Avoid to weigh disease hepatitis likely. " if the accused can last to the patient longer transaminase is elevatory give take seriously, also won‘t by accident examine is treated by accident, the patient receives the effective treatment of as soon as possible with respect to organic meeting, avoid exhaustion of hepatitis of second serious illness, liver function, prevent the outcome that the patient dies thereby.
8, afore-mentioned dead existence of behavior of a series of medical treatment error and Likewen cut the accused truly causal
Word of ancient bronze mirror of cure of Beijing cure society [opinion of analysis of 2007-023-603] date expert thinks the 4th times, "Exhaustion of patient liver function is the cause that causes patient death. This courtyard did not discover the patient contracts hepatitis B virus in time, without the error action that has actively intervening remedial, it is certain to have with patient death causal. " accuser thinks Like text second before the examination of assay of each second liver before kidney transplant already all proved patient transplanting art, affect without second liver virus, patient parents also does not have infection of second liver virus; Of this second transplanting kidney examine without what have second liver virus for body, whether doesn‘t the appliance of locomotive transplanting kidney have evidential proof through disinfection, the person such as operation doctor Luo Kangping is the person that second liver virus is affected, these factual enough prove second liver virus of Likewen belongs to cure source sex appeal to catch. Accordingly, accuser thinks the medical treatment error of the accused and diagnosis and treatment are undeserved as complete as dead result existence of Likewen causal.
The place on put together is narrated, the fact proves dead case of illness should accord with Likewen " unskillful and faulty medical or surgical treatment handles byelaw " the 2nd regulation pass an imperial examination 4 regulations, and basis Ministry of Public Health the 30th order " technical appraisement of unskillful and faulty medical or surgical treatment is provisional method " thirtieth 6 the first regulations, the accused ought to bear this record the complete responsibility of the unskillful and faulty medical or surgical treatment such as one stage shell. Request China medicine to be able to have the identification of fair justice especially.
Accuser agent:
He Rongyou
On November 30, 2007
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