bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

sponsorType

authorLocations

authors

paywallTypes

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

Zhuang Pinghui

A Fujian obstetrician whose patient died hours after giving birth will stand trial for criminal negligence, raising concern among doctors that they could face charges for failing to achieve ideal results despite their best efforts.
Li Jianxue, 35, had her medical licence revoked and is on probation awaiting trial for allegedly committing a "medical accident crime" over the case of her patient who died seven hours after giving birth in January, 2012.
She faces up to three years in jail if found guilty.
The prosecutor described Li as "severely irresponsible" in her treatment of the patient after the delivery, which resulted in the woman suffering from haemorrhagic shock that led to her death.
According to the indictment, the patient showed signs of haemorrhagic shock three hours after naturally delivering the baby, but Li, a junior doctor at a hospital in Changle , failed to recognise the symptoms and provide proper treatment.
The patient's condition deteriorated within two hours. Li then summoned two senior doctors for consultation, shortly before the woman died.
Her family rejected a request for an autopsy. But the Fuzhou Medical Association concluded that the woman probably died of haemorrhagic shock or acute pulmonary thromboembolism, and that her medical providers were mainly to blame for her death.
Li was to stand trial last month, but the case was adjourned because the victim's family demanded civil compensation for damages.
The trial was adjourned again on February 13 because the defendant wanted to change her lawyer, the Changle People's Court told the South China Morning Post.
Changle Hospital declined to say whether it had compensated the family, saying the case was "too sensitive".
The case has caused concern among doctors who fear it will set a precedent for the criminalisation of medics whose best efforts to save their patients fail.
In an open letter to the Changle court, Fujian obstetricians and gynaecologists said Li, an on-call doctor, did not leave her post, had reported the case to senior doctors, was involved in the patient's treatment and gave verbal instructions about special care for her.
Li's inexperience should not be deemed a dereliction of duty, the doctors said, urging the court to tread cautiously in holding doctors criminally responsible in such cases.
"We appeal to the court to stop using criminal proceedings to handle medical disputes," the letter read.
Song Zhongqing, a lawyer at Beijing's Handing Lianhe Law Firm who specialises in medical disputes, said the "medical accident crime" charge applied only when a doctor was found "severely irresponsible" and whose actions "resulted in serious consequences".
Song said Li was more likely a scapegoat for the hospital's shortcomings, such as a staff shortage.
The legal definition for a doctor being "severely irresponsible" includes leaving his or her post without good reason, denying treatment to a patient in critical condition, conducting unapproved experimental treatment, using unapproved drugs or equipment, or seriously violating medical protocol.
"The responsibility lies with the senior doctors or the hospital … not this junior doctor," Song said.
 


Fears case against obstetrician whose patient died after delivery will set China precedent 

News

China

An obstetrician faces up to three years in jail for the death of a patient after childbirth, but colleagues say the medic did nothing wrong


A Fujian obstetrician whose patient died hours after giving birth will stand trial for criminal negligence, raising concern among doctors that they could face charges for failing to achieve ideal results despite their best efforts.
