If you feel unwell, seek proper medical care; quack doctors are unreliable.
[2] Compiled from: Linshu County People's Court
"I taught myself from books, without any scientific or clinical medical basis, and I don't know whether the prescription is toxic." When asked about the basis for prescribing the traditional Chinese medicine that caused the death, the owner of the muscle and bone care shop actually gave this answer, which is shocking.
Case review
Li operated a muscle and bone care shop. Starting in late October 2019, Huan sought diagnosis and treatment at Li’s care shop for shoulder pain and epilepsy. Initially, Li only provided Huan with treatments such as steam baths and massages. Later, without obtaining a Physician Qualification Certificate or a Physician Practice Certificate, Li began prescribing traditional Chinese medicine formulas to Huan based on knowledge self-taught from books. Li purchased five packets of Zhushensha from a medicinal materials market, each packet weighing more than 10 grams, and instructed Huan to add one packet per day to decocted Chinese medicine in two divided doses. At around 7 a.m. on November 6, 2019, Huan fell into a coma at home and died after being sent to the hospital for emergency treatment, which was ineffective.
The Criminal Science and Technology Office of the Linshu County Court issued an appraisal statement. According to the preliminary examination of the corpse, a packet of unconsumed red crystalline substance was found beside the body. Upon weighing, the net weight of the crystalline substance was 16 grams. The crystalline substance was cinnabar provided by Li to Huan and administered to the latter. Testing revealed that the crystalline powder was mercury sulfide, a toxic substance. Traditional Chinese medicine holds that cinnabar has the effect of calming fright and soothing the nerves, with a normal oral dosage of 0.1 grams to 0.5 grams per day, and continuous use should not exceed seven days.
In March 2020, the Criminal Science and Technology Office of the Linshu County Court issued an appraisal report. Mercury was detected in both Huan's heart blood and gastric contents, at concentrations of 8.30 ng/ml and 11.0 ng/ml, respectively. Huan's death was determined to be caused by mercury poisoning, and the source of the mercury was the dark red crystalline powder administered during diagnosis and treatment. Li, during the course of diagnosis and treatment, had Huan ingest a large amount of this powder, which constituted a serious violation of diagnostic and treatment standards. The improper diagnostic and treatment procedures should be the primary cause of Huan's death.
Relevant legal provisions
"Criminal Law of the People's Republic of China" Article 336：
Anyone who practices medicine illegally without obtaining a doctor's qualification, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and/or a fine; if severe harm is caused to the patient's health, the sentence shall be fixed-term imprisonment of not less than three years but not more than ten years, and a fine; if the patient's death is caused, the sentence shall be fixed-term imprisonment of not less than ten years, and a fine.
[1] Court Opinion
The Linshu County People's Court, after trial, held that the defendant Li, by practicing medicine illegally without a doctor's qualification and causing the patient's death, constituted the crime of illegal medical practice. Considering Li's criminal facts, nature, circumstances, degree of social harm, and expression of remorse, the court sentenced the defendant Li to eleven years of fixed-term imprisonment, a fine of 20,000 yuan, and compensation of four yuan for economic losses to the plaintiff in the incidental civil action.
[1] The author's perspective
In this case, Li was pedantic and ignorant. Without obtaining the Physician Qualification Certificate and the Physician Practice Certificate, he presumptuously prescribed medication for others, causing loss of life, and ultimately could not escape the tragic fate of legal punishment himself. Xun, when feeling unwell, should have gone to a regular hospital for medical treatment as soon as possible, rather than blindly trusting a roadside massage parlor, or even believing the prescription given to him by Li at the massage parlor. Li instructed Xun to take more than 10 grams of cinnabar a day, while the correct dosage of cinnabar should be 0.1 grams to 0.5 grams per day. The dosage prescribed by Li far exceeded the normal dose. This shows that Li was not only unfamiliar with pharmacology, but also completely ignorant of dosage. How could such a “doctor” even speak of healing the sick and saving lives? He was simply seeking money and harming lives.
The author reminds patients not to blindly seek medical help in a panic, avoiding irregular clinics, health centers, or massage parlors on the street for consultations or medications. The correct approach is to seek diagnosis and treatment at regular medical institutions or qualified facilities. Additionally, if anyone is found practicing medicine illegally, citizens should promptly report it to health administrative departments and health supervision agencies to prevent further threats to public safety.
