Judgment No: 121/2022/HS-ST

Defendants: Tran Huu P – Tran Thanh T

Victim: Phung Van H (Deceased)

Regarding: Violation Of Regulations On Unauthorized Home Medical Treatment Causing Loss Of Life

Case Summary

In 2017, Mr. Phung Van H (Mr. H) asked Tran Huu P (Mr. P) to treat an infected wound on his right foot. Mr. P was a community health worker under the management of the People’s Committee of Tan Hoi Commune, Tan Chau District, Tay Ninh Province. According to the law, Mr. P was not licensed to open a medical facility, but had been providing medical examinations, selling medicines, and giving injections to many people at his private residence.

On May 21, 2022, the old wound became reinfected, and Mr. H went to Mr. P’s house for treatment. After examining him, Mr. P prescribed an antibiotic injection. At this time, Dr. Tran Thanh T (Dr. T), who was a doctor (and also Mr. P’s son), was there and inquired about Mr. H’s condition. Mr. P informed Dr. T that he had administered four doses of Rovajec Ceftriaxone antibiotics to Mr. H but it had not healed. Dr. T requested Mr. H to remove the bandage for inspection. Mr. H refused and only described the wound as oozing yellow fluid. Dr. T asked Mr. P to test the Rovajec Ceftriaxone antibiotic on Mr. H before injecting it. Mr. P tested the drug and Mr. H showed no abnormal reactions. Mr. P then administered the Rovajec Ceftriaxone antibiotic intravenously to Mr. H. About 10 minutes later, Mr. H exhibited symptoms of fatigue and difficulty breathing. Mr. P then injected one vial of an adrenaline shock reducer into Mr. H but the patient fell into a coma, foamed at the mouth, turned blue, and his condition worsened. At this point, Mr. P called in Dr. T who diagnosed symptoms of drug shock and instructed him to transport Mr. H to the Tan Hoi Commune Health Station for emergency treatment. This facility provided first aid and transferred Mr. H to the Tan Chau District Health Center, but Mr. H had already passed away.

At the Investigative Police Department of Tan Chau District, Tay Ninh Province, Tran Huu P, and Tran Thanh T admitted all their criminal actions and voluntarily compensated the legal representative of the victim in the amount of VND 80,000,000 to remedy the consequences.

The forensic autopsy conclusion No. 607/KL-KTHS dated June 17, 2022, from the Criminal Science Department of Tay Ninh Province Police, determined that the cause of Mr. Phung Van H’s death was anaphylactic shock due to the use of Ceftriaxone antibiotics.

The forensic chemical examination conclusion No. 202/280/297/22/DC dated May 27, 2022, from the National Forensic Institute in Ho Chi Minh City, found Ceftriaxone in Mr. Phung Van H’s organs, urine, and blood samples. No other toxic substances were found.

The histopathological forensic examination conclusion No. 11TN/22 dated May 26, 2022, from Military Hospital 175, showed images of edema and congestion in the organs through the collected samples.

The representative of the People’s Procuracy of Tan Chau District, Tay Ninh Province, proposed prosecuting defendants Tran Huu P and Tran Thanh T for the crime of “Violation of regulations on medical examination and treatment.” The prosecution requested prohibiting the defendant Tran Huu P from being a community health worker for 24 to 30 months and to prohibit the defendant Tran Thanh T from practicing as a doctor for 24 to 30 months. The prosecution also requested the trial panel to confiscate and destroy evidence that no longer has any use according to the law.

Judgment Of The Court

Tran Huu P and Tran Thanh T are adults, fully capable of criminal responsibility. Tran Huu P did not have a license to operate a home medical practice. Tran Thanh T, a doctor, did not have a license to practice medical examination and treatment outside working hours. Both committed the acts of medical examination, treatment, and administering antibiotics to Mr. Phung Van H, resulting in his death due to anaphylactic shock caused by the use of Ceftriaxone antibiotics. There is sufficient basis to conclude that the defendants Tran Huu P and Tran Thanh T committed the crime of “Violation of regulations on medical examination and treatment” according to Point a, Clause 1, Article 315 of the Penal Code.

The defendants’ criminal actions were dangerous to society, directly infringing upon the State’s administrative management activities in the medical field and causing loss of life. However, during the investigation and at the trial, the defendants sincerely confessed, showed remorse and compensated for damages, with the victim’s legal representative filing a petition for leniency. Therefore, the defendants were entitled to mitigating circumstances as stipulated.

Moreover, defendant Mr. P was over 70 years old (71 years old) and had revolutionary merits, while defendant Dr. T had outstanding achievements in his work and had a father with revolutionary merits. Thus, the defendants were granted additional mitigating circumstances according to the Penal Code.

The case was serious, but the facts were straightforward with clear co-perpetrators. Defendant Mr. P directly administered the Rovajec Ceftriaxone antibiotic leading to the victim’s death. Although Defendant Dr. T did not directly administer the antibiotic, he performed the medical examination and provided assistance to Defendant Mr, P. Considering that Defendant Mr. P committed a more serious crime than Defendant Dr. T but had more mitigating circumstances, the defendants should bear equal criminal responsibility.

Supplemental Penalty

Prohibiting Defendant Mr. P from being a community health worker for 2 years. Prohibiting

Defendant Dr. T from practicing as a doctor for 2 years from the date the judgment takes legal effect. Acknowledging that the defendants compensated the victim’s family VND 80,000,000. Confiscation and destruction of the notebook containing the medical examination records of Tran Huu P and the used drug vials as evidence of no further use.

Court Decision

Sentence the defendants Tran Huu P and Tran Thanh T each to 1 year of imprisonment, but suspended, for the crime of “Violation of regulations on medical examination and treatment.” The probation period is 2 years from the date of the first-instance verdict. Assign the defendants Tran Huu P and Tran Thanh T to the supervision and guidance of the People’s Committee of Tan Hoi Commune, Tan Chau District, Tay Ninh Province, during the probation period. Prohibit the defendants Tran Huu P from being a community health worker and Tran Thanh T from practicing as a doctor for 2 years. The victim’s legal representative received VND 80,000,000 from the defendants Tran Huu P and Tran Thanh T and did not request further compensation. Defendant Tran Thanh T must pay a criminal first-instance court fee of VND 200,000. Defendant Tran Huu P is exempt from court fees according to regulations for elderly persons.

Legal Basis

Point a, Clause 1, Clause 4, Article 315; Article 47; Points b, o, s, x Clause 1, Clause 2, Article 51; Article 65 of the Penal Code. Article 106; Article 136 of the Criminal Procedure Code. Point d, Clause 1, Article 12 and Clause 1, Article 23 of Resolution No. 326/2016/UBTVQH14.