Hold " card " Deliver a child The pregnant woman foetus dies from and gives a birth Practise medicine illegally The midwife is sentenced to two years' imprisonment

Hold " card " Deliver a child The pregnant woman foetus dies from and gives a birth Practise medicine illegally The midwife is sentenced to two years' imprisonment
Hold " card " Deliver a child The pregnant woman foetus dies from and gives a birth Practise medicine illegally The midwife is sentenced to two years' imprisonment
It is a second head nurse of gynaecology and obstetrics of hospital to make some originally, is engaged in the work of midwife for more than 30 years, and midwife's credentials and mother and baby health care technology examine the certificate of competency. After retiring, in order to substantiate the life after retiring, she applies for to a gynecological clinic which individuals runs to return to old trade. However, a malpractice sends her up to the defendant's seat, the procuratorial organ accuses his illegal practice of medicine. Incident, a few days ago, Zhejiang the intersection of Ningbo and the intersection of city and the intersection of Yinzhou and the intersection of district and court conclude a illegal practice of medicine, the defendant makes some and is sentenced to fixed-term imprisonment for two years. It is a second head nurse of gynaecology and obstetrics of hospital in Hunan Province to make some script, is engaged in the work of midwife for more than 30 years, midwife's credentials and mother and baby health care technology examine the certificate of competency. 2005 after the hospital retire, for devote one's remaining years to the service of the people, too for substantiate life after oneself retire about some, from 2008, apply for to a gynecological clinic which individuals runs in Jiangshan Town of Yinzhou district, Ningbo to serve as a gynaecologist. One day in June of 2009, because the local pregnant woman Liu will postpone gestation to this clinic to go to a doctor, and require that gives a birth in this clinic. On the basis of to one's own confidence of the experience of delivering a child of 30, make some to promise, and for midwifery measures such as Liu's implementation oxytocin quiet dripping, broken membrane of manpower,etc.. But operation let some discovery carry on half, situation of lying-in woman it far from estimates by oneself to be so simple, because postpone gestation, the amniotic fluid of the lying-in woman has been already pollution of three degrees. Making some arranges for the lying-in woman's relatives to transfer the lying-in woman to the hospital of higher level to deal with in a hurry, but late, the lying-in woman twitches, goes into a coma promptly when sending to, through dying after all rescue measures proved ineffectual after getting to the hospital. Appraised by the medical association, the pregnant woman Liu and foetus death reason are thromboembolism of amniotic fluid, mainly relate to giving birth to natural risk and pregnant woman and postponing gestation, let with defendant some use oxytocin dosage too big implementing the intersection of manpower and broken behavior of membrane have certain causality too, making some should shoulder secondary responsibility for death of pregnant woman, foetus. The procuratorial organ thinks the procuratorial organ makes some crime of practising medicine illegally of behavioral composition. In the court's trial, making some defence is called, makes some experience of delivering a child for many years of two first rate hospitals, and midwife's credentials and mother and baby health care technology examine the certificate of competency. The reason the accident happens, it is mainly because the lying-in woman postpones gestation, misoperation is only the secondary factor to make some in midwifery. So, this is totally a medical accident, let not to form the crime in some behaviors. Court try, think defendant let, obtain the intersection of doctor and practicing qualification and engaged in, make a diagnosis, work illegally by some, of a serious nature, its behavior has already formed crime of practising medicine illegally. The dead and foetus Liu death reason the intersection of amniotic fluid and thromboembolism, give birth to natural risk mainly and pregnant woman postpone gestation to be relevant, the defendant must not make behavior of some illegal practice of medicine, cause Liu to die from thromboembolism of amniotic fluid directly, have direct causality between the two, so unsuitable to assert defendant let, have, lead to the fact, go to a doctor whom people die aggravate the plot by some. Seeing that the defendant can plead guilty to make some voluntarily, can punish on the lenient side according to the circumstances. So adjudiacate the defendant makes some and commits the crime of practising medicine illegally, sentences to fixed-term imprisonment for two years in the first instance. The defendant has not put forward appeal after the pronouncement of the first instance, this judgement has already taken legal effect. Interpret-law " doctor " It is difficult for the concept to define and make some to hold midwife's credentials and deliver a child for the lying-in woman, why is it still regarded as and practise medicine illegally? This is according to the stipulations of article 366 of criminal law of our country, the crime of practising medicine illegally, refer to the person that has not obtained doctor's practicing qualification, engaged in the medical activity, the behavior of a serious nature without authorization. So this case key depend on, let, make doctor's practicing qualification by some, engaged in the medical activity without authorization. In reality, a lot of people are often " doctor " With " doctor " Stand up equally and look, some personages existing in medical service circle and law circle industry too in this kind of understanding. So, to " doctor's practicing qualification " on criminal law Refer to " doctor's qualification " " practicing qualification " ,Been storing and having objection all the time, has led to the fact people's definition of concept to the doctor is not very clear for a long time. For example " about hear, practise medicine the intersection of criminal case and concrete the intersection of application and the intersection of law and several explanation of issue " article 1 adopt " doctor " " illegally the Supreme People's Court With " doctor " , " midwife " The method that and uses, but enumerate and still can't correspond to all sorts of qualifications on the administration regulation each other like this. And, deserve and " explain " it to " qualification " Regulation," whether it obtain or it obtain doctor by illegal means engaged in by that activities medical qualification " ,The ones that were adopted are " Doctor's qualification " The standard, item 3 is " revoked in accordance with the law and engaged in medical activity during doctor's practising certificate " ,Have adopted " Practicing qualification " Standard. Such standard disunion leads to the fact the mutual areas of two kinds of qualifications will present the legal loophole, for example already got " Doctor's qualification " But not still registered and got " Doctor's operation card " Person,can commit this guilty subject? Obviously, " explain " hit article 1 to be unable this crime " doctor " Epitaxy in an all-round way announce come out. " cross the border " The operation is a key The defendant has in this case " Midwife's qualification " ," midwife's qualification " Though does not belong to " Doctor's qualification " ,But " midwife " Whether belong to " Doctor " (used at the end of a special alternative, or rhetorical question)? View from the point of making on the condition, make the operation (the assistant) And doctor's qualification makes " health care technological service operation licences of mother and baby "; Obtain operation nurse's qualification, the medical organization making " health care technological service operation licences of mother and baby " is engaged in the technological service of midwifery for more than one year, provincial capital Municipal Health Bureau it is qualified to organize the technology of midwifery to examine, can obtain midwife's qualification. So doctor, nurse are qualified to sure and can all obtain midwife's qualification. By the look of business duty, a duty of midwife is to " responsible for normal lying-in woman's connecting and producing the work, assist doctor carry on have difficult labour connect, produce, work, make good preparations for connecting and producing, pay attention to, produce progress Cheng and change, if the lying-in woman suffocates, should take emergency measures immediately, and report to a doctor "Make from the midwife's qualification on the condition and scope of offical duty, in fact very difficult pairs of it are from " doctor " Exclude in this great concept from. In addition " explain " the first and item 5 " The medical treatment that the family midwife implemented the family beyond delivering a child is behavioral " ,It is obviously " Deliver a child " It is " medical behavior " to return . Though the midwife is not here " Doctor " Outside the epitaxy of this great concept, midwives can be engaged in the medical activity of a certain limit too, but it can only be right for the relevant rules and regulations " The normal lying-in woman connects and produces " ,In order to shorten lying-in woman, produce behavior of Cheng the intersection of oxytocin and quiet drip, the intersection of manpower and broken membrane that defendant implement for lying-in woman, operation ability obviously beyond the scope of the midwife's operation, so, this case defendant's right dose of subject qualification, its behavior of the objective respect forms and practises medicine illegally too . Why can the court " Light to judge " To the crime regulation of practising medicine illegally, lead to the fact that people die to go to a doctor according to article 336 of criminal law, is sentenced to imprisonment over ten years, then why is this case only adjudicated and made for two years for some fixed-term imprisonment? This, with endangering the behavior with endangering the causality between the results and having something to do. The causality size of practising medicine between behavior and damage consequence illegally, in fact should see defendant's " means mistake " in practising medicine the behavior illegally Size,last positive role and this kinds of means mistake to lasting emergence of result. The reason thromboembolism of amniotic fluid takes place includes giving birth to natural risk, pregnant woman and postponing gestation, also include the defendant uses the oxytocin dosage too big and implementing the total of a great deal of basic condition and key element of behavior of the broken membrane of manpower,etc., the sum of this reasons forms totality of fact causality, but in causality of these facts is overall, it is not the main reason that the defendant uses the oxytocin dosage too big, implements the broken membrane of manpower, so defendant must practise medicine behavior, result in, go to a doctor people dies from thromboembolism of amniotic fluid directly illegally, it is unsuitable to assert the defendant has " Lead to the fact that people die to go to a doctor " Aggravate plot,should according to illegal practice of medicine that be aggravated crime come because it deal with, so let fixed-term imprisonment for some or two year court judgement. (Guo offers bright red of wave quietly and flies)


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