Judgment No.13/2023/HS-ST: Violation Of Regulations On Medical Examination And Treatment, Drug Manufacturing, Preparation, Distribution, And Other Medical Services

Judgment No: 13/2023/HS-ST
Defendant: Mr. N G N
Victim: Mr. L V B (Deceased)
Persons with related rights and obligations: Mrs. B T H – Mr. L V T – Mrs. L T N
Regarding: Violation Of Regulations On Medical Examination And Treatment, Drug Manufacturing, Preparation, Distribution, And Other Medical Services
Case Summary
On November 11, 2021, Mr. LVB went to the clinic of Mrs. Ha Thi Thuy Kieu for a medical examination. Mrs. Kieu diagnosed Mr. LVB with arthritis, and effusion in both knees and proposed a treatment regimen of intravenous antibiotic infusion. Mr. LVB was treated by Mrs. Kieu on November 11 and 12, 2021.
On November 13, 2021, Mr. LVB visited the clinic again, but Mrs. Kieu was not at home. Mr. LVB asked Mr. NGN (a pharmacist), Mrs. Kieu’s husband, to continue the treatment. Mr. NGN followed the three prescriptions and treatment regimen recorded in the monitoring book by Mrs. Kieu for Mr. LVB on November 11 and 12, 2021.
Initially, Mr. NGN measured the blood pressure and took blood samples and discovered that Mr. LVB had hypoglycemia. Knowing that Mr. LVB had not had breakfast, he advised him to go out for breakfast and return. After Mr. LVB returned to the clinic, Mr. NGN took a bottle of 5% Glucose Injection and began an intravenous infusion. Next, he took a 2ml vial of Supvizyn vitamin B and a vial of Solumedrol, diluted, and injected it into the infusion line. After infusing these medications, Mr. NGN then took a vial of 1g Ceftriaxone antibiotic, diluted it, and injected it into the ongoing 5% Glucose Injection infusion previously administered to Mr. LVB.
About 10 minutes later, Mr. LVB lay still. Checking his blood pressure, Mr. NGN found it to be very low and asked someone to take Mr. LVB to the emergency room and simultaneously called Mrs. Kieu. Mrs. Kieu called an ambulance from Ngoc Lac General Hospital. On the way to the hospital, they met the ambulance from Ngoc Lac General Hospital and Mr. LVB was transferred to the ambulance. Upon arrival at the hospital, Mr. LVB was confirmed to have died prior to his arrival. During the scene examination by the authorities, Mr. NGN voluntarily handed over the medical equipment and medications used to treat Mr. LVB, which included used syringes, a 5% Glucose Injection solution bottle, empty vials of Supvizyn Vitamins B-2ml, Solu-Medrol 40 mg, an empty vial of Adrenalin 1mg/1ml, and a vial of Ceftriaxone Sodium for Injection 1.0g.
According to forensic examination conclusion No. 8447/PC09-P4 dated November 30, 2021, from the Institute of Criminal Science, Ministry of Public Security, no toxic substances capable of causing death were found in all the samples sent for examination.
The histopathological and toxicological examination conclusion No. 8498/C09-TT1, P4 dated December 6, 2021, from the Institute of Criminal Science, Ministry of Public Security, concluded that the cause of Mr. LVB’s death was respiratory failure due to acute pulmonary edema.
According to official dispatch No. 1391/C09-TT1 dated July 5, 2022, and No. 3407/C09-TT1 dated December 20, 2022, from the Institute of Criminal Science, Ministry of Public Security, it was determined that the cause of Mr. LVB’s death was an anaphylactic reaction due to the intravenous infusion of Ceftriaxone. The investigation process concluded that defendant N G N did not have a license to practice medical examination and treatment as required. Further, the act of Mrs. Ha Thi Thuy Kieu’s dental clinic in “Providing medical examination and treatment services beyond the scope of specialization recorded in the operation license for medical examination and treatment” violated the provisions of Point b, Clause 6, Article 39 of Decree 117/2020/ND-CP dated September 8, 2020, of the Government, regulating administrative sanctions in the field of health.
In indictment No. 09 dated January 16, 2023, the People’s Procuracy of Yen Dinh District prosecuted the defendant NGN for the crime of “Violation of regulations on medical examination and treatment” under Clause 1, Article 315 of the Penal Code.
The representative of the People’s Procuracy of Yen Dinh District maintained the prosecution decision and proposed a sentence of 21 to 24 months of imprisonment for the defendant NGN, but suspended, with a probation period of 21 to 24 months. All examined samples were confiscated and destroyed.
Persons with related rights and obligations: Mrs. B T H – Mr. L V T – Mrs. L T N confirmed that they had received full compensation and did not require additional compensation from the defendant. They requested the court to consider and reduce the punishment for the defendant to the minimum possible.
Judgment Of The Court
The decisions of the Yen Dinh District Police, the People’s Procuracy of Yen Dinh District, the Investigators, and the Prosecutors during the investigation and prosecution process were carried out in accordance with the authority, order, and procedures prescribed by the Criminal Procedure Code. The defendant NGN admitted that on November 13, 2021, despite not having a medical practice license, he administered an intravenous infusion with Ceftriaxone, causing Mr. LVB to have an anaphylactic reaction leading to death. There is sufficient basis to conclude that the defendant NGN committed the crime of “Violation of regulations on medical examination and treatment,” as prescribed in Clause 1, Article 315 of the Penal Code. During the investigation, the defendant confessed sincerely and proactively compensated and remedied the consequences. The representative of the victim’s family filed a petition requesting a criminal liability exemption for the defendant, urgently requesting the court to reduce the sentence to the lowest possible level to enable the defendant to maintain stability in his life.
The defendant’s actions were dangerous to society, not only violating the state management regime on medical services but also infringing on the right to life of others protected by law, necessitating criminal handling. However, the defendant has a good background, no previous convictions or criminal records, has many mitigating circumstances, has visited and fully compensated the victim’s family, and the victim’s family has filed a request for a reduced sentence.
It is considered that the defendant is capable of self-reform, and his presence in the community does not pose a danger to society, nor does it adversely affect public order and safety.
Court Decision
The court declares that the defendant NGN is guilty of “Violation of regulations on medical examination and treatment” and sentences him to 2 years of imprisonment, suspended. The probation period is 4 years from the date of the first-instance verdict. The defendant NGN is placed under the supervision and guidance of the People’s Committee of Town T, Yen Dinh District, Thanh Hoa Province, during the probation period. The defendant NGN must pay a court fee of VND 200,000.
Legal Basis
Point a Clause 1, Article 315; Clause 1, Article 47; Points b, s, Clause 1, Clause 2, Article 51; Articles 38, 65 of the Penal Code; Clause 2, Article 6 of the Law on Medical Examination and Treatment; Point a Clause 2, Article 106 of the Criminal Procedure Code; Resolution 326/2016/UBTVQH14.