Beijing professor in final court bid to determine cause of wife's hospital death
Beijing professor in final court bid to determine cause of wife's hospital death
10:40, November 06, 2009 
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A Beijing court on Thursday was considering a final appeal by a university academic who is claiming his wife died during "illegal medical treatment" at the prestigious Beijing University First Hospital.
Xiong Zhuowei, a research fellow with the hospital affiliated to the Beijing University, died of pulmonary failure after undergoing spinal surgery at the age of 49 on Jan. 31, 2006.
Her husband, Wang Jianguo, a professor of economics at Beijing University, filed a lawsuit against the hospital claiming some medical staff involved in his wife's operation were still students at the time, who were not allowed to practice medicine according to law.
Beijing University First Hospital has refuted the charge.
The Beijing No.1 Intermediate People's Court issued a first-instance ruling in July that the hospital should pay Xiong's family compensation of 700,000 yuan (102,941 U.S. dollars).
But Wang appealed to Beijing Higher People's Court, seeking the medical treatment be recognized as "illegal".
Holding his wife's photo to the court, the professor appeared emotional. "I will fight to the end," he said.
"I fight not only for my wife, but the right to life of many other people," he said on his blog. "Hopefully after my lawsuit, the ethics of doctors will improve and management in hospitals will be strengthened."
Wang said he would donate all compensation funds to the needy.
After a two-hour hearing, the court didn't made verdict, saying that the result would come out later.
ILLEGAL OR NECESSARY PRACTICE?
The hospital denied the accusation of "illegal medical treatment".
"The medical staff in the operation were all certified qualified doctors," said Rong Long, spokesman with the hospital.
According to a statement on the hospital's website, Li Dechun, who was in charge of the operation, was a registered doctor at the hospital.
Although Yu Zhengrong had no practice certificate, he said it was not his fault.
The State Ministry of Health gave an explanation of "illegal medical treatment," which was also posted on the hospital's website.
"If the employed medical staff have a doctor qualification certificate, and it is not their intention to avoid obtaining a practice certificate, their work should not been seen as illegal medical treatment," it said.
"I have taken the exam, but the procedure of gaining the certificate was lengthy and complicated," Yu said. He got the qualification certificate in 2005, and took the exam for the practice certificate in June 2005.
A medical student had to go through a clinical test and a written test several months later, before waiting almost a year to get his certificated registered.
But Wang Jianguo was unconvinced. "In the explanation, it said 'employed medical staff,' but Yu was still a student then. He didn't report to the registered doctors timely, which caused the patient to lose the opportunity of being saved."
He pointed out that two other students, Duan Hongzhou and Xiao Jiantao who were involved in emergency treatment after the operation, also had no qualification certificates.
"In fact, this so-called 'illegal medical treatment' is widespread in Chinese hospitals," said a senior doctor, who declined to be named.
On the one hand, many hospitals had a responsibility to provide opportunities for medical students to practice. On the other hand, patients far outnumbered doctors in those hospitals and it was normal for students to help in the treatment, she said.
"Surgery, for example, needs a lot of staff," she said.
A Xinhua reporter met several students from the medical department of the Beijing University. They said they spent three and a half years in the university and another four and a half years as interns in hospitals.
A student surnamed Lin said in the first two years of their internship they just helped doctors to keep records and understand their field. Then they could make prescriptions, but they must be endorsed by a doctor.
Lu Jun, vice secretary general of the Chinese Medical Doctor Association, said practice by interns in hospitals was not illegal, but without the instruction of registered doctors, it was breach of duty of the hospital.
TAMPERED RECORD?
Wang Jianguo also accused the hospital of tampering with medical records after the accident.
"The traces were obvious on the paper," said Zhuo Xiaoqin, Wang's lawyer.
The records were allegedly altered to disguise the severity of Xiong's illness and time of her death.
Staff at the hospital declined to comment on this accusation.
ANGER FROM PUBLIC VS COMPLAINT OF MEDICAL STAFF
After it was reported by the China Central Television, the case soon renewed people's lasting resentment towards lasla hospital.
Shortly after the appeal was reported by China's portal website Sina.com, the story attracted dozens of comments from netizens, nearly all of which showing sympathy to the husband and denouncing the hospital for its irresponsibility.
Quite a lot of netizen told their own bitter stories of being treated by medical students.
Wang Gongyi, vice director of the Judicial Research Institute of the Ministry of Justice, agreed.
"It showed the disorder and irresponsibility in hospitals, where interns are dispatched to handle patients in critical condition," he said.
To the explanation by the Health Ministry, he voiced discontent.
"If this applies to all professions, the society will be in turmoil," he noted.
But some medical professors tend to justify for the hospital.
"It is a common practice all over the world to have students work in hospitals and clinics so as to help them become experienced enough and grow into a real doctor," said Cui Xiaobo, a professor with the School of Health Administration and Education of the Capital Medical University.
He believed that to some extent the media reports exaggerated the event to fuel the anger of ordinary people, who were not very familiar with medical practices.
"For example, the report mentioned the fact that the ribs of Xiong were broken in artificial respiration, so as to show the carelessness and brutality of the so-called illegal medical staff. But in effect, broken ribs always occur during artificial respiration, when saving the life of a patient is paramount," he said.
The professor saw the case just a failure in medical treatment.
"Doctors are human beings as well," he said. "Facing their relatives or colleagues, they might make mistakes."
Cui gave an example of a domestic leading doctor of radio surgery surnamed Li, who made a mistake when diagnosing for his own mother and causing her death.
He called for more tolerance towards doctors. "Don't damage the already shattered doctor-patient relationship."
But Liu Fengyuan, who claimed to be a student of Xiong and had helped drafting the litigation document, said they just wanted to warn doctors and medical students through this case that "what's hang over their hands was life of people and they must be cautious in each step."
Both Liu and Cui agreed that hospitals should tighten the management of doctors and interns. "Interns shouldn't be allowed to make decisions or conduct treatment alone," Cui suggested more attention be given to the altered records.
"That is despicable if it is true," he said.
Source:Xinhua
Xiong Zhuowei, a research fellow with the hospital affiliated to the Beijing University, died of pulmonary failure after undergoing spinal surgery at the age of 49 on Jan. 31, 2006.
Her husband, Wang Jianguo, a professor of economics at Beijing University, filed a lawsuit against the hospital claiming some medical staff involved in his wife's operation were still students at the time, who were not allowed to practice medicine according to law.
Beijing University First Hospital has refuted the charge.
The Beijing No.1 Intermediate People's Court issued a first-instance ruling in July that the hospital should pay Xiong's family compensation of 700,000 yuan (102,941 U.S. dollars).
But Wang appealed to Beijing Higher People's Court, seeking the medical treatment be recognized as "illegal".
Holding his wife's photo to the court, the professor appeared emotional. "I will fight to the end," he said.
"I fight not only for my wife, but the right to life of many other people," he said on his blog. "Hopefully after my lawsuit, the ethics of doctors will improve and management in hospitals will be strengthened."
Wang said he would donate all compensation funds to the needy.
After a two-hour hearing, the court didn't made verdict, saying that the result would come out later.
ILLEGAL OR NECESSARY PRACTICE?
The hospital denied the accusation of "illegal medical treatment".
"The medical staff in the operation were all certified qualified doctors," said Rong Long, spokesman with the hospital.
According to a statement on the hospital's website, Li Dechun, who was in charge of the operation, was a registered doctor at the hospital.
Although Yu Zhengrong had no practice certificate, he said it was not his fault.
The State Ministry of Health gave an explanation of "illegal medical treatment," which was also posted on the hospital's website.
"If the employed medical staff have a doctor qualification certificate, and it is not their intention to avoid obtaining a practice certificate, their work should not been seen as illegal medical treatment," it said.
"I have taken the exam, but the procedure of gaining the certificate was lengthy and complicated," Yu said. He got the qualification certificate in 2005, and took the exam for the practice certificate in June 2005.
A medical student had to go through a clinical test and a written test several months later, before waiting almost a year to get his certificated registered.
But Wang Jianguo was unconvinced. "In the explanation, it said 'employed medical staff,' but Yu was still a student then. He didn't report to the registered doctors timely, which caused the patient to lose the opportunity of being saved."
He pointed out that two other students, Duan Hongzhou and Xiao Jiantao who were involved in emergency treatment after the operation, also had no qualification certificates.
"In fact, this so-called 'illegal medical treatment' is widespread in Chinese hospitals," said a senior doctor, who declined to be named.
On the one hand, many hospitals had a responsibility to provide opportunities for medical students to practice. On the other hand, patients far outnumbered doctors in those hospitals and it was normal for students to help in the treatment, she said.
"Surgery, for example, needs a lot of staff," she said.
A Xinhua reporter met several students from the medical department of the Beijing University. They said they spent three and a half years in the university and another four and a half years as interns in hospitals.
A student surnamed Lin said in the first two years of their internship they just helped doctors to keep records and understand their field. Then they could make prescriptions, but they must be endorsed by a doctor.
Lu Jun, vice secretary general of the Chinese Medical Doctor Association, said practice by interns in hospitals was not illegal, but without the instruction of registered doctors, it was breach of duty of the hospital.
TAMPERED RECORD?
Wang Jianguo also accused the hospital of tampering with medical records after the accident.
"The traces were obvious on the paper," said Zhuo Xiaoqin, Wang's lawyer.
The records were allegedly altered to disguise the severity of Xiong's illness and time of her death.
Staff at the hospital declined to comment on this accusation.
ANGER FROM PUBLIC VS COMPLAINT OF MEDICAL STAFF
After it was reported by the China Central Television, the case soon renewed people's lasting resentment towards lasla hospital.
Shortly after the appeal was reported by China's portal website Sina.com, the story attracted dozens of comments from netizens, nearly all of which showing sympathy to the husband and denouncing the hospital for its irresponsibility.
Quite a lot of netizen told their own bitter stories of being treated by medical students.
Wang Gongyi, vice director of the Judicial Research Institute of the Ministry of Justice, agreed.
"It showed the disorder and irresponsibility in hospitals, where interns are dispatched to handle patients in critical condition," he said.
To the explanation by the Health Ministry, he voiced discontent.
"If this applies to all professions, the society will be in turmoil," he noted.
But some medical professors tend to justify for the hospital.
"It is a common practice all over the world to have students work in hospitals and clinics so as to help them become experienced enough and grow into a real doctor," said Cui Xiaobo, a professor with the School of Health Administration and Education of the Capital Medical University.
He believed that to some extent the media reports exaggerated the event to fuel the anger of ordinary people, who were not very familiar with medical practices.
"For example, the report mentioned the fact that the ribs of Xiong were broken in artificial respiration, so as to show the carelessness and brutality of the so-called illegal medical staff. But in effect, broken ribs always occur during artificial respiration, when saving the life of a patient is paramount," he said.
The professor saw the case just a failure in medical treatment.
"Doctors are human beings as well," he said. "Facing their relatives or colleagues, they might make mistakes."
Cui gave an example of a domestic leading doctor of radio surgery surnamed Li, who made a mistake when diagnosing for his own mother and causing her death.
He called for more tolerance towards doctors. "Don't damage the already shattered doctor-patient relationship."
But Liu Fengyuan, who claimed to be a student of Xiong and had helped drafting the litigation document, said they just wanted to warn doctors and medical students through this case that "what's hang over their hands was life of people and they must be cautious in each step."
Both Liu and Cui agreed that hospitals should tighten the management of doctors and interns. "Interns shouldn't be allowed to make decisions or conduct treatment alone," Cui suggested more attention be given to the altered records.
"That is despicable if it is true," he said.
Source:Xinhua
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