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Written by: Chen Qianting
2019-11-27 19:51
Last updated: 2019-11-27 19:51Pediatric doctor Chen Yicheng was accused of improperly treating a baby boy's finger in 2009, causing a section of his finger to be necrotic and needed to be amputated. During a disciplinary hearing by the Medical Council last year, Chen Yicheng was charged with two professional misconduct and suspended for half a year. Chen objected to the appeal, and the High Court issued a judgment today (27th), ruling that because the medical committee did not consider all the evidence at the hearing, the judgment was not stable, and Chen Yicheng appealed and overturned the allegations.
During the interview, Chen Yicheng admitted that the ruling was fair. He also said that the case has received high public attention in the past ten years. It is "a bit miserable" for doctors, but he believes that truth and justice are the most important. This ruling also reflects professional autonomy. The hearing must also be fair.
Chen Yicheng was ruled by the High Court that the appeal was appropriate and the charge was dropped. (Profile picture / Photo by Lu Yiming)
Chen Yicheng was involved in improper handling of a baby's finger cut in 2009, which caused his finger to be necrotic. One of the ring fingers needs to be cut off. Chen faces three professional misconduct allegations, including: 1. Chen from August 10, 2009 to During the 20th day, the baby boy ’s right ring finger wound was not properly handled; 2. Chen claimed on the insurance declaration form that he was a baby boy ’s stitch on August 10, and was alleged not to have done so; 3. Chen was on the charge slip on August 13 It was said that the baby boy's finger was cut and stitched. It was not the case.
After 11 days of hearing in April last year, the Medical Committee ruled that Chen Yicheng's first and third majors were improperly established, and each of them was suspended for three months, which was implemented in stages, that is, a total of six months. The group's chairman, Mellie Fifi, explained at the time that probation was not considered because the accused doctor had to make a mistake. Chen Yicheng subsequently appealed the decision of the Medical Committee. The High Court opened a trial in November last year and adjourned the verdict.
Pediatrician Chen Yicheng accused of professional ethics, appealed for verdict, withdrawn, no retrial required
[Chen Yicheng Case] Medical Committee Suspended for Half a Year due to Improper Handling of Finger Necrosis of Baby Boy
[Chen Yicheng case] Family members lodged a complaint with the Medical Committee twice in nine years
[Chen Yicheng case] No probation sentenced Mellie Fifi: need to be informed
High Court: Medical Committee judges "unsafe and unsatisfactory" without considering all evidence
In the judgment issued by the High Court today, the Medical Committee did not consider all the evidence in the trial process, and the court accepted some of the arguments provided by the defense lawyers. For example, the medical records show that Chen Yicheng personally Treating a baby boy's wound, including dressing the wound with a 1-inch wide bandage, exposing his fingers to check blood circulation, and the bandage is not tight, cannot explain why after the baby boy was discharged, Chen Yicheng suddenly changed the method of treating the wound. In addition, the baby boy's dressing changed after being discharged, and the bandage changed from 1 inch to 2 inches wide. The High Court's verdict pointed out that the nurses of Chen Yicheng's clinic had testified before the Medical Committee that the clinic lacked a 2-inch wide bandage at that time, but the Medical Committee did not process the evidence.
Regarding the third allegation, the Supreme People's Court considered that the medical committee's wrong judgment was that Chen Yicheng intentionally deceived the insurance company, but the charge ticket was not stamped with the insurance company's seal, and there was no evidence that it had been handed over to the insurance company. The High Court ruled that the medical committee judged "unsafe and unsatisfactory", revoked the two allegations of misconduct, and believed that the incident occurred long ago and did not need to be returned to the medical committee for trial. Chen Ke took it from the medical committee. Costs back.
(Hong Kong 01 drawing)
The two parties have repeatedly ruled that Chen Yicheng needs compensation to the patient's parents
The incident has occurred since 2009. The parents of the patient have applied for judicial review because the medical committee was twice rejected by the medical committee. The High Court ordered the medical committee to re-investigate. The parents also claimed Chen Yicheng through civil channels.
After learning the verdict, Chen Yicheng told "Hong Kong 01" that after many twists and turns, it was "a bit miserable" for doctors because it has been widely reported by the media and many important things have happened during the trial, such as the court overturning the medical committee At the same time, as the vice president of the Medical Association, he was saddened when he was questioned that "as the vice president, he was errant". This time the judgement was fair.
He believes that the judgment is reflected in professional autonomy and that the hearing is fair. He does not know the amount of costs involved, but believes that "money and reputation are important" and other matters are left to the lawyer.
Chen: Sorrowful about child injury
Chen Yicheng later issued a statement saying that he was very sad about the injury of the child. Because the child is innocent regardless of the cause of the finger ischemia, he has always wanted to seek the truth of the incident, but the other party has made untrue facts. The Medical Committee made a decision based on the wrong arguments of the other party. He felt wrong and disappointed with the decision of the Medical Committee. He continued, agreeing that the Medical Council should not be partial to doctors, but should also be objective and fair, "whether it is right, not its right", rather than believing in any party.
Peng Hongchang believes that the judgment of the High Court this time contradicts the ruling of the early civil court. (Profile picture)
Patient organization: Chen Yicheng once admitted that the negligence should be returned to the medical committee to find out the truth
Peng Hongchang, director of the Association of Community Organizations who is concerned about patients' rights, believes that the Supreme Court's judgment stated that the Medical Committee did not consider all the evidence in its entirety. The court was negligent when treating the victim, and the court ruled that he would have to pay 520,000 yuan and 1.4 million yuan to the boy and his parents, respectively. However, the judgment of the High Court this time seems to contradict the civil judgment of the year.
He emphasized respect for the court ruling, but thought that since the medical committee did not consider the evidence in its entirety, it should be returned to the medical committee for retrial in order to ascertain the incident and protect the safety of the public, not on the basis of age. He also believes that the Medical Council Secretariat needs to carefully study the judgment to decide whether to appeal again and to review the way the Medical Council examines the evidence at the hearing.
In response to the inquiry, the Medical Council stated that it respects the court's decision, and will study the judgment in detail and seek legal advice to determine the next step.
Medical Council Medical Failure Chen Yicheng