If you feel unwell, seek proper medical care; quack doctors are unreliable.

📅 2021-06-09 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Criminal Law of the People's Republic of China #Medical Practitioner Qualification Certificate #Diagnosis and Treatment #Illegal Medical Practice

[2] Compiled from: Linshu County People's Court
 
 
[3] "I just taught myself from books, without any scientific or clinical medical basis, and I don't know if the prescription is toxic." When asked about the basis for the traditional Chinese medicine prescription that caused death, the owner of this bone and muscle care shop gave such a shocking answer.

 
 

Case review
[4] Li ran a bone and muscle care shop. Starting from late October 2019, Huan received treatment at Li's shop for shoulder pain and epilepsy. Initially, Li only provided Huan with treatments like steam baths and massages. Later, without obtaining a "Physician Qualification Certificate" or a "Medical Practice Certificate," Li began prescribing traditional Chinese medicine to Huan based on self-taught knowledge from books. Li purchased five packets of cinnabar from a medicinal materials market, each containing over 10 grams, and instructed Huan to take one packet daily, divided into two doses, mixed into the decocted Chinese medicine. Around 7 a.m. on November 6, 2019, Huan fell into a coma at home and died despite emergency medical treatment.
 
[5] The Criminal Technical Office of Linshu County People's Court issued an appraisal report. According to the preliminary autopsy, a packet of red crystalline substance weighing 16 grams was found beside the body, which had not been consumed. This substance was the cinnabar provided by Li for Huan to take. Testing revealed that the crystalline powder was mercury sulfide, a toxic substance. Traditional Chinese medicine holds that cinnabar has sedative and calming effects, with a normal daily oral dose of 0.1 to 0.5 grams, and continuous use should not exceed seven days.
 
In March 2020, the Criminal Technical Office of Linshu County Court issued an appraisal report, detecting mercury elements in Huan's heart blood and gastric contents at levels of 8.30 ng/ml and 11.0 ng/ml respectively. Huan's death was determined to be caused by mercury poisoning, with the mercury source being the dark red crystalline powder taken during treatment. During the treatment, Li administered a large amount of this powder to Huan, severely violating medical practice standards, and the improper medical operation was deemed 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 stubborn and ignorant, prescribing medication to others without obtaining the "Physician Qualification Certificate" and "Doctor Practice Certificate," ultimately causing a death and facing legal punishment. Huan, feeling unwell, should have promptly sought treatment at a regular hospital rather than trusting a roadside massage parlor or the prescriptions given by Li. Li instructed Huan to take over 10 grams of cinnabar daily, whereas the correct dosage should be 0.1 to 0.5 grams per day, far exceeding the normal amount. This shows that Li was not only unfamiliar with pharmacology but also ignorant of proper dosages. Such a "doctor" cannot be said to heal the wounded and rescue the dying but rather seeks to harm lives for profit.


 
 

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.

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