&# 8203;&# 8203;&# 8203;&# 8203;&# 8203;&# 8203; Original title: [Jin Yun feature] a female patient was touched by a doctor when she went to a doctor, and the doctor was dissatisfied with the punishment of the public security organ and filed a lawsuit
During the trial, Xiaoyu (a pseudonym) saw the male doctor Tong once again. After the trial, Xiaoyu has been insomnia for a week. Tong is a nightmare for Xiaoyu. The way to get rid of the nightmare is to bring Tong to justice as soon as possible.
But Tong thought that Xiaoyu's remarks were slander and slander to him.
They had never known each other. A seemingly ordinary medical treatment opened the door to their gratitude and resentment.
A sore throat caused trouble
It took some twists and turns to make an interview with Xiaoyu. Xiaoyu has scruples in the face of the media. After all, it is difficult for an unmarried girl to touch her chest, let alone speak out in the face of the media.
Finally, Xiaoyu agreed to face-to-face interview. Later, Xiaoyu said that on the way to Bengbu, Anhui Province, Xiaoyu was still struggling in his heart.
The meeting with Xiaoyu was arranged in the box of a cafe in Bengbu. She found an older sister to accompany her.
When we first met, Xiaoyu looked very tired. Xiaoyu said that his mental state was very poor after the incident. Recently, because of the court case, continuous insomnia occurred.
Although nearly half a year has passed, the memory is still very painful for the little fish.
Xiaoyu clearly remembers that on May 22 this year, he went to the otolaryngology department of the Second Affiliated Hospital of Bengbu Medical College (hereinafter referred to as' the Second Affiliated Hospital of Bengbu Medical College ') because of his throat inflammation.
Xiaoyu took out the case written by the doctor on the day to support it. The case book of the small fish says: the pharynx is slightly congested, and lymphoid follicle hyperplasia is seen on the posterior wall of the pharynx. Bilateral tonsils are congested and swollen, and a small amount of purulent secretion can be seen on the surface. Indirect laryngoscope shows that there is no obvious congestion in epiglottic mucosa, and the double vocal band can not be seen.
In this case, the doctor's advice is light diet and pay attention to sound rest. At the same time, the doctor prescribed anti-inflammatory drugs.
From May 22 to 24, Xiaoyu received infusion treatment in the Second Affiliated Hospital of bengyi medicine for three consecutive days. On the afternoon of the 24th, Xiaoyu had a blood test in the laboratory department of the hospital, and the antibody IgM of Mycoplasma pneumoniae was negative.
On May 25, Xiaoyu's condition improved, but she did not recover to the state she thought she was cured, so Xiaoyu came to the otolaryngology department of the Second Affiliated Hospital of Beng medicine again.
At about 16:00 p.m. on the 25th, Xiaoyu came to the guide desk on the first floor of the outpatient clinic and said to go to the otolaryngology department. The guide desk asked her to go directly to the otolaryngology department on the second floor. When Xiaoyu entered the Department, Tong Moumou, the deputy chief physician of the Department, was attending. Xiaoyu told Dr. Tong about his symptoms and gave him the case examined in the same department on the 22nd and the test results on the 24th.
Xiaoyu said that Tong looked at the case and test results, and also gave Xiaoyu a routine throat examination. Subsequently, Tong said that the symptoms in the small fish's throat could not be seen clearly, and the small fish needed laryngoscopy. Tong Moumou prescribed medicine for Xiaoyu. After Xiaoyu paid, he took the medicine and returned to the clinic again. Tong Moumou began to make laryngoscope for Xiaoyu.
According to Xiaoyu's memory, when she was half in the medical chair, Tong was going to feed her a potion. She asked the other party what medicine she drank, and Tong replied that it was anesthetic, which was used to assist laryngoscope treatment. Tong asked Xiaoyu to temporarily contain the anesthetic in his mouth. He couldn't swallow it until he had to. For the first time, Tong only drank half a bottle when he fed Xiaoyu. Subsequently, Tong Moumou dropped liquid medicine in the two nasal cavities of the small fish, saying it softened the blood vessels.
Xiaoyu said that after drinking the anesthetic, there was no consciousness in her throat, but it was only local anesthesia in her throat. Her limbs were conscious and her consciousness was awake. Not long after the first anesthetic, a patient's family entered the consulting room and asked Tong about the operation. Although the little fish is half lying with his head up, he can hear the dialogue between the two sides clearly. About 5 minutes later, the patient's family left. Tong fed Xiaoyu again, drank the remaining half bottle of anesthetic, and dropped a few drops of potion into her nostrils.
Xiaoyu thought that she would start to do laryngoscope next. Unexpectedly, a scene that made her miserable happened.
Chest touched during auscultation?
Xiaoyu said that what she was waiting for was not a laryngoscope, but Tong Moumou suddenly proposed to auscultate her heart and lung. The little fish raised her head, couldn't see Tong's face, and didn't dare to move. She had to 'um'. Next, Tong helped the fish straight, but the fish's head was always tilted back.
Xiaoyu remembers that Tong began auscultation from her back. She was wearing a T-shirt and underwear. She lifted her T-shirt under her neck. At that time, almost all her back was exposed and felt very uncomfortable, but she thought it was normal auscultation and didn't care much. The little fish could feel the stethoscope touching the skin.
Xiaoyu said that during the auscultation, Tong somehow buttoned the shoulder strap of her underwear with his hand. The shoulder strap was elastic. The pulled shoulder strap hit her skin and made a 'snap' sound, which shocked her body.
The little fish was very uncomfortable and wanted to end the auscultation as soon as possible. Finally, Tong's stethoscope touched the little fish's waist and stopped. Xiaoyu told reporters that after the back auscultation, her T-shirt was put down by Tong, and then Tong lifted her T-shirt again to auscultate her chest.
Xiaoyu said that Tong's action directly exposed the front of her underwear, which felt very humiliating. She felt that the stethoscope touched her two breasts many times. During this period, Xiaoyu knocked out the stethoscope in Tong's hand once.
Xiaoyu remembers that Tong asked her to relax at that time, then put the stethoscope on Xiaoyu's right breast and click up and down. After clicking several times, Tong stopped a little. Xiaoyu said that she thought the auscultation was over. Unexpectedly, Tong's hand suddenly opened her underwear, stretched in and grabbed her breast directly.
The little fish jumped up from the chair while beating off Tong's hand. Shouted at Tong Moumou: 'Why are you grabbing my chest? I didn't ask you to check your breast & hellip& hellip;' In the face of the little fish's question, Tong hesitated.
Xiaoyu said that when she jumped up, she noticed that Tong was not holding a stethoscope in his hand. When Tong's hand reached into his underwear, he didn't take the stethoscope. If it is normal auscultation, the stethoscope should contact the skin first, not the hand.
At that time, Tong was in a hurry and explained to Xiaoyu. What impresses Xiaoyu is that Tong once told her that patients don't wear (underwear) when they are in the inpatient department. Xiaoyu thinks this statement is very funny. Don't female patients wear underwear when they are hospitalized? Even as Tong said, Xiaoyu was in an outpatient clinic, not in hospital.
Did the doctor apologize and promise to refund the fee?
Xiaoyu quickly ran out of the consulting room. He first complained at the guide desk on the second floor next to the consulting room. The staff of the guide desk said that the complaint should go to the guide desk on the first floor, and Xiaoyu ran to the first floor.
After complaining to the hospital, Xiaoyu called the police for help.
Xiaoyu said that Tong had apologized to himself that day and said that his actions offended Xiaoyu.
Tong also sent a text message to Xiaoyu, asking Xiaoyu to refund 198 yuan for laryngoscope. Xiaoyu hasn't refunded so far.
Xiaoyu said that Tong asked her to refund the fee after Xiaoyu complained to the hospital. After receiving the complaint, the hospital contacted Tong and asked him to deal with the matter. Is Tong's way of handling this matter to refund 198 yuan for laryngoscope to the patient?
At that time, the criminal police of the criminal police team of the Economic Development Zone Branch of Bengbu Public Security Bureau (hereinafter referred to as the "economic development branch") first rushed to the hospital, and the police of Nanhu Road police station of the economic development branch also arrived later.
The police took Xiaoyu and Tong to the police station. Later that day, the police made a record of questioning for both sides.
During his stay at the police station, the person in charge of relevant departments of the Second Affiliated Hospital of Beng medicine was also present to handle the matter on behalf of the hospital. The other party asked Xiaoyu what he wanted. Xiaoyu said that her appeal is to hope that Tong will no longer contact herself in private. The other party said that she would inform Tong.
So far, Xiaoyu and the hospital have not reached any agreement in private.
A few days later, the police made a second record of questioning for both sides.
If the administrative penalty is not accepted and the reconsideration fails, the Public Security Bureau shall take it to court
On July 22, 2019, the economic and social development branch issued a written decision on administrative punishment against Tong. According to Article 44 of the law on public security administration punishment, it decided to punish Tong with administrative detention for 7 days.
Also on the same day, the economic development branch issued the decision on suspending the execution of administrative detention to Tong
On July 23, Tong entrusted lawyer Huang Xinwei of Anhui golden Asia Pacific (Changfeng) law firm to apply for administrative reconsideration to Bengbu Public Security Bureau. The applicant claimed that the respondent's "hand touched the breast of a small fish" but did not find out under what circumstances? Where did you touch the breast? Where did the hand touch? Touch force? Is it intentional or negligent subjectively? It is an error in determining the facts and failing to fulfill the obligation of disclosure, which is a procedural violation. Request to withdraw the decision on administrative punishment against Tong.
On September 11, the Bengbu Public Security Bureau concluded the trial of the administrative reconsideration proposed by Tong. After investigation, after receiving Xiaoyu's alarm, Nanhu Road police station thought the case was complex and extended the time limit for handling the case for 30 days. After investigation, it was found that Tong's behavior constituted an indecent act.
The basis is Tong's statement and defense, Xiaoyu's statement, witness testimony and audio-visual materials. Finally, the punishment decision on Tong's administrative detention for 7 days was maintained.
The failure of administrative reconsideration made Tong unacceptable.
On September 19, Tong took Jingkai branch and Bengbu Public Security Bureau to court, and Xiaoyu participated in the lawsuit as an additional third person.
On November 7, the first instance of the case opened and the trial was broadcast live.
Is oral anesthetic nasal drip the best auscultation state?
During the trial, lawyer Huang Xinwei said that Xiaoyu went to see a doctor because of sore throat and cough.
In this regard, Xiaoyu told Jinyun that she had a sore throat at that time, but she had no symptoms of cough. If there are symptoms of cough, they will inform the doctor face to face when seeing a doctor, and will not hide such symptoms from the doctor. Moreover, in the case of May 22, the doctor did not record the symptoms of cough. The test results on the 24th also showed that there was no problem with the lungs of the small fish. So, is Tong's auscultation unnecessary?
Tong Moumou suddenly proposed auscultation after Xiaoyu took oral anesthetics and dropped liquid medicine in his nose. In this case, are there any conditions for auscultation? Auscultation requires the patient to take a deep breath. Can the small fish take a deep breath when the mouth contains anesthetics and nasal drops? Is this the best state of auscultation? Why didn't Tong auscultate Xiaoyu when she didn't drink anesthetic or drop medicine?
What little fish doesn't understand is why the otolaryngology department of the Second Affiliated Hospital of Beng medicine doesn't arrange a doctor assistant or nurse as a third person?
Huang Xinwei: the punishment decision of the public security department is unreasonable
Xiaoyu said that during the trial, the court summoned doctors from the same department of Tong to appear in court. The doctor who appeared in court said that under normal circumstances, the doctor's auscultation will be carried out through the patient's clothes. And lawyer Huang Xinwei believes that the doctor in court said