Deng Guisi, a female patient suffering from kidney disease and hepatitis B, developed acute liver failure in 2017 and required two liver transplants but eventually died. It was later revealed that it was related to her previous treatment.
The police recently arrested two men and charged them with one count of manslaughter each. It is understood that they were the doctors of the United Hospital involved in the accident.
There have also been several serious medical accidents involving the death of patients in Hong Kong in recent years. Although the doctors involved were later disciplined by the Medical Council, they rarely involved criminal responsibility.
A barrister explained that the criminal investigation and prosecution procedures, the death inquiry and the disciplinary hearing of the Medical Council act independently, and violations of the regulations may not necessarily be equivalent to medical errors or manslaughter, so only disciplinary action is taken.
The law also mentioned that the criminal evidence collection involving medical errors has a high standard, and the prosecution needs to obtain evidence, including the opinions of medical experts, to prove that the defendant's behavior constituted a serious error before prosecuting.
The good mother Deng Guisi died of acute liver failure because two doctors of the United Hospital missed the prescription of antiviral drugs, and died of liver replacement twice.
(Information picture/provided by the patient's family)
The two doctors involved in the case of Deng Guisi were both convicted of a crime of professional misconduct by the Medical Council in September 2021. Among them, Lin Zhikun was sentenced to 5 months of suspension and suspended for 36 months, while Chen Xiaojian was sentenced to 3 months of suspension. months, suspended for 18 months.
Doctors in public hospitals ruled professionally misconduct and suspended by the Medical Council rarely face criminal prosecution
According to the data, in the serious medical error accidents involving public hospitals in recent years, although some doctors involved have received disciplinary hearings from the Medical Council and received various degrees of punishment such as delisting and delisting, but few of them have to bear criminal responsibility.
In 2007, Xiao Lin, a 21-year-old blood cancer patient, was mistakenly injected into the spinal cord by an intravenous needle and died while receiving chemotherapy at the Prince of Wales Hospital.
Afterwards, the coroner's court ruled that his death was a misfortune. Leung Kam Suet, an oncology trainee doctor involved in the incident, was found to be professionally malpractice in 2012 and his license was suspended for two years.
However, according to the publications of the New Territories East Hospital Network in 2019, Liang Jinxue was promoted to an associate consultant doctor of Wei Hospital.
In addition, in 2011, a serious medical accident occurred in Kowloon Hospital with "throat sealing with gauze". The 73-year-old man Wang Kenchou died of suffocation suspected of being suffocated due to the sealing of the tracheostomy that assists breathing.
The coroner ruled his death was accidental in 2013.
In 2016, the Nursing Council held disciplinary hearings against 12 nurses involved. Among them, 3 nurses who had taken care of the patient were found to be professionally unethical and their licenses were suspended.
The doctor involved, Huang Zhuoyi, was charged with three counts of professional misconduct and was sentenced to a six-month license suspension. Huang's subsequent appeal for probation was rejected.
The Medical Council has legal powers under the Medical Registration Ordinance to try local doctors involved in professional misconduct.
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There have been cases of doctors in private practice who have been sentenced to prison for medical errors.
In 2001, a senior obstetrician and gynecologist performed an induced abortion on a Filipino pregnant woman, resulting in her death.
In 2003, the High Court ruled that he was guilty of one crime of manslaughter and one crime of procuring an illegal abortion, and was sentenced to two years in prison. The court ruled that it was suspended for 5 years.
Barrister Lu Weixiong (file photo)
Lu Weixiong: Criminal prosecution, coroner's inquiry, and medical committee hearing are not subordinate to each other
Barrister Lu Weixiong explained that due to the different direction and purpose of the investigation and evidence collection, the criminal investigation and prosecution procedures are not subordinate to the death inquiry and the medical committee hearing, and they act independently. When the police have prima facie evidence, they will make an arrest action.
Evidence gathering related to medical errors has a high standard, and the prosecution needs time to obtain evidence, including the opinions of medical experts, to prove that the defendant's behavior constituted a serious error.
Public courts and private doctors have the same investigation and prosecution standards
He also explained that both public hospitals and private doctors are subject to the same investigation and prosecution standards. The key lies in whether the medical procedures and treatments they provide meet the professional expectations. face disciplinary action.
Lu Weixiong believes that investigation or prosecution will not put pressure on doctors, because doctors themselves have their own professional codes: "Even if no one complains, it will not affect his professionalism because of surprise."
Female Latin dance instructor who died of liposuction and died of manslaughter by a western doctor was convicted of manslaughter by an official. She was imprisoned for 6 years. Mai Yunling was convicted of manslaughter as DR manslaughter｜Female western doctor Mai Yunling was sentenced to 3 and a half years in prison to face civil claims and disqualification as a doctor. DR manslaughter｜The focus of the case was that no safety system was built Zhou Xiangrong and laboratory assistant Deng Gui were commuted for 2 years Thoughts｜News: The two attending doctors involved in the incident are still consulting on Deng Guisi’s case at the United Hospital｜A joint committee was formed to investigate the accident. Xu Deyi, the administrative director at the time, bowed and apologized. Eldest girl is strong, suspected of prescribing leaked medicine, which caused Deng Guisi to die from liver disease attack in 2017. Two doctors are charged with "manslaughter" The administrator of the late deceased estate accused the hospital of negligence in claiming compensation
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