Thursday, March 29, 2012

The patient dies suddenly the doctor is for a last yeared Wait for and acquit

The patient dies suddenly the doctor is for a last yeared Wait for and acquit
The patient dies suddenly the doctor is for a last yeared Wait for and acquit
Network news of the news of Sanxia (Sanxia Evening) On May 1 5 years ago, a patient is in " Jiang set up the clinic " See the doctor treatment, go home, on next day before dawn death. On February 9 1 year ago, because individual doctor Jiang Li was suspected of being involved in practising medicine illegally and was detained for criminal act, arrested on the 23rd of same month. Will it be January 18 this year, court adjudiacate in the first instance Jiang stand innocently. 4 days later, Jiang Li is recognized. At this moment, Jiang has already been detained about 348 days in the detention house. On June 23 this year, court's last instance upholds decision, Jiang sets up body that resumes freedom completely subsequently. On July 8, Jiang Li got final judgement. Jiang Li, the native in Yunyang of Chongqing, 42 years old, has been run a rural clinic in Zi by the state before this, live in the hardworking village altogether in the district in the hillock of the Wu 's now. Before mountain village homicide case 5 year. Will it be will it be morning May 1 2005, Zi observe Yang, villager of state, red to get " Jiang stood the clinic " because of eye illness Treat. The intersection of doctor and Li Jiang start to take traditional Chinese medicine for Yang ShouHong, and lose two bottles of liquid. After Yang goes home, it is easy to take to fry traditional Chinese medicine once. About 20 minutes later, Yang presents breathing heavily, such symptoms as trick shivering, ability to speak is unclear, and it is " uncomfortable " to say . It is about 6 o'clock at dusk, Yang ShouHong took traditional Chinese medicine once, also presented the above-mentioned symptom immediately, and then go to bed. Late about 9 o'clock, symptom Yang aggravate, appear the intersection of mouth and foam at the mouth, the intersection of person who twitch and symptom all over. It is about 2 o'clock before dawn on May 2, Yang ShouHong's death. Will it be morning the same day, brother, wife of ShouHong, Yang reach, report situations the intersection of state and the intersection of town and commune hospital, to return to the town local police station in the state and report a case. Immediately, Zi belonged to the police of public security bureau in the county and got to the scene rapidly, carried on the detailed investigation to causes of the death of the dead,etc., draw Yang observe red traditional Chinese medicine medicinal solution taken. May 3, belong to the intersection of state and the intersection of town and commune hospital, set up the intersection of clinic and traditional Chinese medicine, go on, check to Jiang, find, have the intersection of rhizome of Chinese monkshood and the intersection of alkali and Chinese herbal medicine of composition. On September 29, 2005, were determined the centre examined, the detection " alkali of rhizome of Chinese monkshood " in the traditional Chinese medicine liquid inspected by ready samples by the material evidence of the Ministry of Public Security , " alkali of rhizome of Chinese monkshood once " With " hit alkali of rhizome of Chinese monkshood " ,Detect the intersection of rhizome of Chinese monkshood and the intersection of alkali and composition in the serum from the intersection of stomach and the intersection of content and thing and energies of Yang. Will it be October 19 2005, Zi belong to the intersection of county and public security bureau examine, make, determine, think by corpse the dead Yang keep red, oral traditional Chinese medicine causes alkali of rhizome of Chinese monkshood to be poisoned to death before death. Taken away and heard and listen to Yang ShouHong's death while going to work, Jiang Li calls him " greatly surprised " at that time in writing the materials of the related departments to ,Feel very unexpected. Jiang Li says, he has followed father and studied Chinese medicine since the childhood when being interviewed by staff reporter, belonged to and ran the clinic to Zi father in 1987. Got married to some with local villagers in 1995, reached medicine of Yichang to study specially in 1996. Father reached Yichang hereafter, Jiang kept and returned in Zi alone. The folder materials reveal, Jiang sets up for May 1, 1999 and obtains the qualification card of assistant doctors of operation that the department of public health of Hubei issued. Its operation licence of medical organization began from October 30, 2001, from term of validity to October 30, 2004. Li Jiang say after Yang Shou red case take place, he do things never, reach Beijing go on, schedule to last one Chinese medicine for more than month recover physiotherapy learn later. Will it be May 2007, Jiang set up the intersection of alteration and practising place, agree through Zi county hospital, come back to the the intersection of hillock and district from Zi, accept betrothal gifts, become the one the intersection of Chinese medicine and doctor of hospital, stay temporarily on hardworking village together. At about 8 o'clock on the the morning of February 9 of 2009, Jiang will stand at attention and work in the hospital, three plainclothes policemen come to the hospital, make it clear that takes it away after situations such as Jiang Li's identity,etc.. The same day, Jiang escort, get back to Zi return, immediately police with " suspected of being involved in, practise medicine crime illegally" Detain for criminal act, detain to Zi to belong to the detention house of the county. Focus: Practise medicine illegally? On February 23 of 2009, sanctioned by the county procuratorate through Zi, Jiang Li is arrested. 6 months later, Jiang Li is prosecuted. The procuratorial organ thinks in the bill of indictment, " Jiang set up the clinic " on October 30, 2004 Operation licence, after the specified date, Jiang Li has not checked according to the regulation, has never stopped doing business. Jiang still carries on making a diagnosis and giving treatment in medical treatment without authorization under knowing its overdue situation of operation licence of medical organization perfectly well, and the serious consequence of causing a person and dying, should investigate its criminal liability for the crime of practising medicine illegally. The dead Yang watch over red wife and daughter as attaching the civil plaintiff, bring the supplementary civil action in criminal proceedings together, require court the intersection of judgement and Jiang set up, compensate for the intersection of death and damages, funeral expenses, bring up into the intersection of people and living cost,etc., add up to more than 120,000 yuan. At court, stand and practise medicine as to Jiang illegally, accuse of debating both sides and carrying on the fierce debate. Cui Hua's uncle, Liu Kun, the Hubei lawyer of lawyer's office of sincere family property. As Jiang Li's counsel, two lawyers insist on the law court, Jiang Li does not practise medicine illegally, do not form the crime either. The defender thinks, " Jiang sets up the clinic " whom Jiang Li ran Revoked or cancelled and must regard legal document of " administrative written decision for punishment ",etc. which the administrative responsibile institution make as the basis. While happening in this case, Jiang Li's operation licence of medical organization is at changing the check-up stage of the card. The lawyer has invoked the report on May 6, 2005 of this newspaper as the evidence. The person in charge of commune hospital said to the staff reporter after the case happened that year to return to the state town, according to the unified plan of the county hospital, they are rectifying and improving all individual clinics according to the first rate standard, change check-up for card date to delay October in the same year. That is to say while happening, Jiang stands at attention and in changing the card one. So assert subject practised medicine illegally to set up Jiang evidence insufficient legally. Focus: Where does alkali of fatal rhizome of Chinese monkshood come from? One hundred encyclopaedia reveal the intersection of rhizome of Chinese monkshood and alkali, call Aconi-tine is to exist on the intersection of Sichuan and dark, the intersection of grass and the intersection of dark, Radix Aconiti Lateralis Preparata,etc. and main poisonous composition in the plant in English. Taking alkali 0.2mg of pure rhizome of Chinese monkshood orally can be poisoned, 3- 5mg can cause death. Daily grass dark coming to concoct medicated wine by the intersection of Sichuan and plant such as being dark among the people. Prosecute evidence of organ, reveal Ministry of Public Security material evidence determine centre observe in the red the intersection of traditional Chinese medicine and liquid that take detecting the intersection of rhizome of Chinese monkshood and alkali from the intersection of the dead and Yang, corpse examine report reveal the intersection of department and oral traditional Chinese medicine Yang cause alkali of rhizome of Chinese monkshood to be poisoned to death too. The intersection of counsel and the intersection of death and the intersection of reason and opposition in Yang of Li Jiang, think, have any evidence prove death and behavior of Li Jiang of Yang have causality at criminal law, because evidence does not verify it is Jiang that stands and is used " Alkali of rhizome of Chinese monkshood " Traditional Chinese medicine of this flavor. The lawyer says, no matter this has not found " alkali of rhizome of Chinese monkshood " from the prescription or inside the medicine cupboard that is cleared up ,The immediate cause the behavior is not Yang's death of making a diagnosis and giving treatment of Jiang Li that that is to say. Yang ShouHong is strictly that alkalosis of rhizome of Chinese monkshood is dead, and there is alkali composition of rhizome of Chinese monkshood in medicinal solution, but does not have evidence that indicate to result from behavior of doctor Jiang Li at present. Then, where do come from on earth on this fatal rhizome of Chinese monkshood alkali? Think, prosecute the organ to accuse Jiang Li's crime evidence has some doubtful points after innocent judgement Zi comes and is tried by the county courting, including though the material evidence of public security bureau determines that draws a conclusion to assert Yang It is alkalosis of rhizome of Chinese monkshood to keep the red cause of the death, but the material evidence of the Ministry of Public Security determines the centre has not detected alkali composition of rhizome of Chinese monkshood from serum of energies and stomach content thing that is drawn in body of the dead inspecting by ready samples it, check Jiang, find traditional Chinese medicine with alkali composition of rhizome of Chinese monkshood,etc. either while setting up the clinic. Does the court think, prosecute? � Ye Mao At a disturbance of the intersection of �� and the intersection of Xian and desolate the intersection of benzyl and latitude injure �� stand tall and upright Shen of �� paralysis the intersection of letter and Ge of ��ԣ�� the intersection of the sixth of the twelve Earthly Branches and crack Pan �� The man shape �� hook is very owed The intersection of good fortune and the intersection of steps and the intersection of gold-plating and the intersection of �� and the intersection of Xian and ascarid scrupulously? On January 18, 010, adhering to the principle of doubting the crime from having, Zi is adjudiacated defendant Jiang Li is innocent in the first instance by the county court. However, are attaching the civil compensation part, the court shows, Jiang Li has not referred to the victim Yang to keep red evidence material of relevant case history materials,etc. that treated, according to the distribution principle of burden of proof of the dispute case of medical compensation for damage, can infer the fault exists in Jiang Li's treatment behavior, civil legal causality exists with Yang ShouHong's death, should bear economic compensation for damages, satisfy the intersection of judgement and Jiang, set up, compensate more than 120,000 of economic losses, wife and daughter of ShouHong, Yang for. After pronouncing, the procuratorate, in order to adjudiacate " the applicable law mistake, defendant Jiang Li's innocent mistake of the judgement " in the first instance the county of Zi In order to be lift and protest criminally, but because Jiang Li does not agree with civil judgement part and lodge a appeal. The intermediate people's court of Yichang thinks, " Jiang sets up the clinic " after trying Keep for Yang red treat, its medical organization the intersection of operation and during staying in check-up licence, though Zi have, set up behavioral opinion of determining the nature of medical treatment county hospital to Jiang, but revoke Jiang, set up the intersection of medical organization and the intersection of operation and licence, so procuratorial organ protest get out of should deem that there is not legislative authority without licences. Yang ShouHong death and Jiang set up medical behavior, have certain causality, assert Yang observe red the intersection of death and the intersection of department and Jiang, set up, open traditional Chinese medicine, lead to the fact, not having exclusiveness, it is not the uniqueness, so it is untenable to protest the reason. On June 23, 2010, the intermediate court of Yichang will make final judgement: Reject protesting, appeal, uphold decision. Plan, apply for State Compensation but as Jiang Li defender, Hubei sincere lawyer of family property lawyer's office Liu think by Kun, two lawyer, uncle of Hua, Cui, judgements in court of two grades, have fully reflected" doubts the crime from having " Criminal justice idea,gratifying. Jiang Li says, though has already last instance, but some of civil judgement are still unsatisfied by oneself, will continue appealing in accordance with the law. And adjudicate to the court oneself is innocent, gratified, grateful. But there is no relevant unit and he to contact with the communication now, he plans to be according to the law next, apply for State Compensation. At present, Jiang Li has not gone to work yet yet, but to the future, Jiang Li is full of confidence. Death of ShouHong Yang become mystery court adjudicate Jiang stand innocent, Jiang place on file from then on coming to an end already, watch over red daughter, to the intersection of the dead and Yang, father's death has become a puzzling mystery. Yang live in Zi, belong to county the intersection of state and poor mountain village of town. On May 1, 2005, Yang when seeking medical advice in the clinic came, it was exactly his daughter that is accompanying him, and she was only 8 years old that year. Father have, unfortunate to any child, and who cause father death " assilant " really ,Now become the mystery too. Yang ShouHong is strictly alkalosis of rhizome of Chinese monkshood and dies, detect alkali composition of rhizome of Chinese monkshood in medicinal solution, but the intersection of clinic and the intersection of medicine and cupboard have containing alkali of rhizome of Chinese monkshood Chinese herbal medicine, the dead extracts have not detected alkali composition of rhizome of Chinese monkshood in the body. However, where on earth does alkali of fatal rhizome of Chinese monkshood comes from, how to enter to go inside Yang ShouHong's medicine? Believe a doubt not getting rid of of all people of Yang ShouHong's death case's that this pays close attention to the fact. That day when the truth will prevail in the end when perhaps, will have finally. The staff reporter is up right and foursquare " the days pass heavily, I am unable to fall asleep every day " On January 22, 2010, Jiang Li was altered the compulsory measure in order to recognize immediately after the detention house is heard and judged. From detaining to recognizing, Jiang Li has almost stayed in the detention house for 348 days. On July 8, 2010, Jiang Li and lawyer came to Zi the county court in spite of the rain, got the final judgement of the intermediate court of Yichang, and is claimed to remove and recognize, Jiang Li resumes the body of freedom completely. The law is most just" the law is the most just! " In the afternoon of July 9, in the face of the reporter, Jiang Li seems very excited. He says to reporters, after hearing the pronouncement of the first instance in the detention house, the excited one will shed the tears soon. Recognize, he to give, watch in the leader that hospital work by oneself court verdict in first thing, by " prove one's own innocence " . Jiang also says, that evening coming back home, father and several brothers came, return to many other guests, all feel glad for him, " I have also drunk much red wine " . Jiang sets up hair in disorder, the language speed is very fast that speak. The lawyer on one side tells reporters, and enter before the detention house and compare, Jiang Li seemed old and many. Remembering oneself these more than 340 days of the detention house, Jiang Li says he nevers forget in the life. "It is that the days pass heavily every day, can't fall asleep at all. " He says. Jiang Li tells reporters, in the initial stage of detention house, he once wanted to write to related departments, did not write later. Daytime is not bad, because look after all regulations, all some things can be done, but after turning off the light, he thinks of one's own thing, thinks it is the more than half night by evening, sometimes can not fall asleep all night, keep waiting for until daybreak. "Sometimes now I woke up at three four, can not fall asleep, have to stand up and sit. " Some of Jiang Li choke with sobs. Unfair to daughter Jiang Li and say, after he is caught, family have born significant social pressure most, including wife and son, especially one's own daughter. Jiang shed tears, tell reporter whether he guard that court hear more than one year, it is just the daughter's time to study in Senior Three, influenced, her achievement glides, having only done in the test more than 300 fen in college entrance examination this year, and she is still the top ten of the grade in Senior Two, " I am unfair to her " . Jiang says, fill out the wish after college entrance examination, what the daughter filled out is the speciality of clinical medicine of a medical college of peach of immortality, hope to learn the medical skill well, " the daughter bears the father industry " . Talking about this, Jiang sets up mood suddenly out of control, have one's face covered with tears. Jiang Li says to reporters, he thinks he especially has a deficit the daughter, hope she can achieve one's goal. With family every day now, he feels it is the happiest. The staff reporter is up right and foursquare


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