BEIJING, Nov. 5 (Xinhua) -- A Beijing court on Thursday was considering a final appeal by a university academic who is claiming his wife died during "illegal medical treatment" at the prestigious Beijing University First Hospital.
Xiong Zhuowei, a research fellow with the hospital affiliated to the Beijing University, died of pulmonary failure after undergoing spinal surgery at the age of 49 on Jan. 31, 2006.
Her husband, Wang Jianguo, a professor of economics at Beijing University, filed a lawsuit against the hospital claiming some medical staff involved in his wife's operation was still students at the time.
The Beijing No.1 Intermediate People's Court issued a first-instance ruling in July that the hospital should pay Xiong's family compensation of 700,000 yuan (102,941 U.S. dollars).
But Wang appealed to Beijing Higher People's Court, seeking the medical treatment be recognized as "illegal".
"I fight not only for my wife, but the right to life of many other people," he said on his blog. "Hopefully after my lawsuit, the ethics of doctors will improve and management in hospitals will be strengthened."
Wang said he would donate all compensation funds to the needy.
¡¡¡¡ILLEGAL OR NECESSARY PRACTICE?
The hospital denied the accusation of "illegal medical treatment".
"The medical staff in the operation were all certified qualified doctors," said Rong Long, spokesman with the hospital.
According to a statement on the hospital's website, Li Dechun, who was in charge of the operation, was a registered doctor at the hospital.
Although Yu Zhengrong had no practice certificate, he said it was not his fault.
The State Ministry of Health gave an explanation of "illegal medical treatment," which was also posted on the hospital's website.
"If the employed medical staff have a doctor qualification certificate, and it is not their intention to avoid obtaining a practice certificate, their work should not been seen as illegal medical treatment," it said.
"I have taken the exam, but the procedure of gaining the certificate was lengthy and complicated," Yu said.
A medical student had to go through a clinical test and a written test several months later, before waiting almost a year to get his certificated registered.
But Wang Jianguo was unconvinced. "In the explanation, it said 'employed medical staff,' but Yu was still a student then."
He pointed out that two other students, Duan Hongzhou and Xiao Jiantao who were involved in emergency treatment after the operation, also had no qualification certificates.
"In fact, this so-called 'illegal medical treatment' is widespread in Chinese hospitals," said a senior doctor, who declined to be named.
On the one hand, many hospitals had a responsibility to provide opportunities for medical students to practice. On the other hand, patients far outnumbered doctors in those hospitals and it was normal for students to help in the treatment, she said.
"Surgery, for example, needs a lot of staff," she said.
A Xinhua reporter met several students from the medical department of the Beijing University. They said they spent three and a half years in the university and another four and a half years as interns in hospitals.
A student surnamed Lin said in the first two years of their internship they just helped doctors to keep records and understand their field. Then they could make prescriptions, but they must be endorsed by a doctor.
Lu Jun, vice secretary general of the Chinese Medical Doctor Association, said practice by interns in hospitals was not illegal, but without the instruction of registered doctors, it was breach of duty of the hospital.
TAMPERED RECORD?
Wang Jianguo also accused the hospital of tampering with medical records after the accident.
"The traces were obvious on the paper," said Zhuo Xiaoqin, Wang's lawyer.
The records were allegedly altered to disguise the severity of Xiong's illness and time of her death.
Staff at the hospital declined to comment on this accusation.
