Judgment No: 46/2024/HS-ST

Defendant: Trần Thị L,
Victim: Mr. Nguyễn Văn H1, deceased.

Regarding: Unauthorized medical practice without the required qualifications

Case Summary

Mr. Phạm Văn R, who holds a medical practice certificate and a secondary medical degree, opened a pharmacy at his home. From February 2023, as Mr. R worked in Hanoi, his wife, Trần Thị L, who had no relevant qualifications or certifications, started selling medicines and administering injections at the pharmacy.

Around 5 PM on November 3, 2023, Mr. Nguyễn Văn H1 visited the pharmacy for treatment of lumbar spondylosis. Despite lacking a medical practice license, Mrs. L administered treatment to Mr. H1, who had previously received treatment at her home multiple times. Initially, she prepared a mixture of Cefotaxime, Supvizyn, and distilled water, and injected it into Mr. H1’s hip. Midway, she recalled Mr. H1’s prior warning of an allergic reaction to Cefotaxime, but upon his reassurance, she continued the injection. After completing the Cefotaxime injection, she administered Supvizyn. Soon after, Mr. H1 experienced chest tightness and difficulty breathing. Mrs. L then injected Solumedrol, an anti-shock medication, into his right-hand vein, followed by Salbutamol. Despite these efforts, Mr. H1’s condition worsened, and after being transported to the hospital by a private car service, he was pronounced dead 15 minutes later. The investigative authorities confiscated various medical supplies from the pharmacy, including used syringes and glass vials.

Histopathological Examination Report No. 8161A/KL-KTHS dated November 24, 2023, and No. 8161B/KL-KTHS dated November 26, 2023, by V – Ministry C3.The histopathological images showed myocardial congestion, scattered hemorrhage, dystrophic degeneration, localized fibrosis, pulmonary congestion, hemorrhage, scattered alveolar edema, arterial atherosclerosis, and congestion in other organs. A used plastic syringe submitted for examination was found to contain methylprednisolone and cefotaxime. The blood sample taken from the deceased, Mr. Nguyễn Văn H1, detected the presence of cefotaxime and methylprednisolone, with no common toxic substances such as Cyanide, rodenticides, or pesticides detected.

Forensic Autopsy Report No. 1614/KLGĐTT-KTHS dated December 11, 2023, by Department K – N Province Police. Mr. Nguyễn Văn H1 died due to respiratory failure, circulatory failure, and cardiac arrest; cefotaxime and methylprednisolone were found in his body and blood.

Official Dispatch No. 33/PC09 dated January 25, 2024, by the Forensic Science Department – N Province Police. The victim, Mr. Nguyễn Văn H1, had no underlying health conditions that could have led to respiratory failure, circulatory failure, or cardiac arrest.

Indictment No. 38/CT-VKS dated April 15, 2024, by the People’s Procuracy of Giao Thủy District. Defendant Trần Thị L is prosecuted for the crime of “Violating regulations on medical examination and treatment” under Point a, Clause 1, Article 315 of the Penal Code.

At the trial, the prosecutor upheld the charges and recommended that the Court declare the defendant, Trần Thị L, guilty of “Violating regulations on medical examination and treatment.” They suggested a sentence of 01 year to 01 year and 06 months imprisonment, suspended, with a probation period of 02 to 03 years, with no additional penalties.

Defendant: Trần Thị L admitted to unauthorized medical practice without professional qualifications, or a license to practice, and did not defend or argue the charges. She expressed deep remorse and requested the Court to consider her circumstances for a reduced sentence. During the investigation, Trần Thị L agreed to compensate Mr. H1’s family (Mrs. Bùi Thị P, the wife of Mr. H1, and their children, Nguyễn Văn B, Nguyễn Thị N, Nguyễn Văn C1, and Nguyễn Văn C2) with VND 120,000,000. She has already compensated VND 70,000,000, leaving an outstanding balance of VND 50,000,000.

The representatives of Mr. Nguyễn Văn H1’s family agreed with the prosecutor’s argument, requested leniency for the defendant, and demanded that the defendant pay the remaining VND 50,000,000 as agreed during the investigation stage.

Judgment of the Court

The defendant’s testimony at trial was consistent with her statements during the investigation and aligned with witness statements, forensic conclusions, and other documents and evidence in the case file. There is sufficient basis to conclude that the actions of Trần Thị L violated Clause 3, Article 7 (prohibited acts in medical practice) and Point a, Clause 1, Article 19 (conditions for individuals to be permitted to practice medicine) of the Medical Examination and Treatment Law, resulting in the consequence of “causing the death of a person.” The defendant’s actions are dangerous to society, infringing upon the State’s order in medical examination and treatment; thus, she has committed the crime of “Violating regulations on medical examination and treatment” as prescribed in Point a, Clause 1, Article 315 of the Penal Code.

The defendant, Trần Thị L, possesses a good personal background, is a first time offender for the crime, and is not subject to any aggravating circumstances. The defendant sincerely confessed, showed remorse, and compensated the family of Mr. Nguyễn Văn H1 to the amount of VND 70,000,000; the legal representative of Mr. H1 requested leniency for the defendant, as such she was subject to mitigating circumstances.

Considering the provisions of Article 65 of the Penal Code and the Supreme People’s Court’s Resolution guiding the application of suspended sentences, the Trial Panel found that the defendant met the conditions for a suspended sentence. Due to the defendant’s difficult economic situation, no additional fines were imposed. The defendant was convicted and is required to pay the first-instance criminal court fees as stipulated.

Decision of the Court

The court declares the defendant, Trần Thị L, guilty of “Violating regulations on medical examination and treatment.” She is sentenced to 01 (one) year and 06 (six) months of imprisonment, however, the sentence has been suspended. The probation period is 03 years from the date of the verdict. The defendant, Trần Thị L, is placed under the supervision and education of the People’s Committee of B Commune, G District.

The court acknowledges the agreement: The defendant, Trần Thị L, must compensate the wife and children of the victim a total amount of VND 120,000,000 (One hundred and twenty million dong). To date, the defendant, Trần Thị L, has compensated VND 70,000,000 (Seventy million dong) and still owes VND 50,000,000 (Fifty million dong).

The defendant, Trần Thị L, is ordered to pay VND 200,000 in first-instance criminal court fees and VND 2,500,000 in first-instance civil court fees.

Legal basis

Point a, Clause 1, Article 315; Points s and b, Clause 1, Article 51; Clause 2, Article 51; and Article 65 of the Penal Code; Clause 1, Article 47; Clause 1, Article 48 of the Penal Code; Clause 2, Article 106 of the Criminal Procedure Code; Articles 331 and 333 of the Criminal Procedure Code; Articles 357 and 468 of the Civil Code 2015; Article 136 of the Criminal Procedure Code, Resolution No. 326/2016.