名医焦东海致上海市卢湾区卫生局李时珍副局长的公开信

weiwei64

尊敬的李时珍副局长：
如晤。这是我第三次写信给你，我仍旧希望你能认识错误，尽早纠正由你一手炮制的错案：即2003年8月26日，你以卢湾区卫生局的名义聘请瑞金医院三位专家（吴立群、宋永建和周志宏），用假材料欺骗他们，使他们对李卫平的死亡事故作出了“治疗没有违反诊疗原则，发生死亡属于疾病的病情转归”的错误结论。你的行政乱作为，使得这一错误结论被香山中医医院和卢湾区卫生局的当权者拿到后如获至宝，并籍此隐瞒李卫平死亡的真相，蒙骗相关部门和各级领导，使简单问题复杂化，业务问题政治化。
八年了，出于医生的良知和医德，我们上访八年，为的是纠正你一手炮制的错案，但至今毫无结果。你的行政乱作为已成了李卫平被冤死8年余不得平冤的根源。
2002年5月28日晚上，在香山中医医院住院减肥的李卫平同志（原中纪委刘丽英副书记之子）突然因急性心肌梗塞跌倒在值班医生王凡办公室门口，由于王凡脱岗洗澡，并在40分钟内对李卫平采取了致命的措施，致李卫平死亡。副院长吴云定当晚指示有关人员通宵篡改病史。接着又隐匿或销毁了部分病历资料按照《医疗事故处理条例》 第58条应对其纪律处分，按照《侵权责任法》第58条规定，即可推定有过错，应受惩罚。
其次，参与抢救李卫平的病友均提供了书证，证实当时没有值班医生，值班医生到达现场后袖手旁观，没有立即抢救；卫生员鲍德学书面承认他不会使用氧气筒，在李卫平急需氧气时未能及时提供氧气，可见香山中医医院存在着不可推卸的过错和责任。
另外，与李卫平死亡有着直接因果关系的王凡医师，曾四次一口咬定她对李卫平的抢救及时无误。但发现我在向知情病员调查李卫平死亡真相时，2002年7月3日她在朱绯医师的陪同下，特地到本人办公室向我当面承认了李卫平跌倒时，她脱岗的事实。
为了查明当年这一错误结论的来龙去脉，我与蒋小维医师于2008年9月17日、19日、25日一起去找瑞金医院的三位专家当面核实情况，吴立群、宋永建与周志宏阅读了我们提供的真实资料后表态：病史中对李卫平的死亡诊断有错误，他不是死于脑出血，而是死于急性心肌梗塞：同时抢救也有错误。他们建议我们去做一个司法鉴定。
北京华夏物证鉴定中心根据律师调查等材料，于2008年11月24日对李卫平死亡案作出司法鉴定，结论为：上海市卢湾区香山中医院在对被鉴定人李卫平的抢救过程中，存在着抢救不及时，误诊误治的医疗过错。1.上述抢救不及时是指王凡擅自离岗，丧失了抢救生命的黄金时间，当王凡被呼回病房后又束手无策，放任病友胡乱抢救。2.上述误诊是指误诊死于脑出血，误诊心跳骤停，误诊瞳孔对光反射消失。3.上述误治是指对李卫平采取了完全相反的致命措施达40分钟而致死亡。即：⑴王凡袖手旁观，视非医护人员的病友错误抢救至血压为0、心音无法听出，约20分钟的致命抢救。⑵接着王凡误诊心跳骤停,误治5分钟`后竟然见死不救，在李卫平心跳与呼吸存在的情况下就放弃抢救休克15分钟，共历时20分钟，放任李卫平同志死亡。该鉴定单位是我国司法部领导下的单位，其鉴定结论具有权威性：2001年发生在南海上空的中美飞机互撞致我国飞行员王伟死亡等国家重要事件都是它作鉴定的。该单位对李卫平之死的鉴定特别慎重，聘请了三位著名的法医学专家鉴定，他们分别是：胡志强副主任法医师、最高人民检察院主任法医师庄洪胜、原中国公安大学校长兼党委书记翟建安法医学教授。
8年来，我们对李卫平医疗死亡事故等问题的反映，曾获卫生部信访批示2次、韩正市长信访批示2次、杨晓渡副市长信访批示4次，市人大批示一次，市卫生局连续信访批示5次，中共中央办公厅及国务院办公厅信访局2次发函、全国政协连续2年2次提案，但是这些批示、发函、提案到了你们手里，却如泥牛入海。对于我们，你们始终不予理睬，或当面说谎造假，上推卸下，推诿、敷衍、颠倒是非，甚而违反法定程序，侵犯我们的信访权益，对上则编报虚假材料。我想问问你：如果李卫平是你的亲人，你将如何处置？将心比心啊！在此我再次希望你能停止对死者李卫平亲属的知情权、赔偿权及公平公正等权利的侵犯。如你依旧知错不改，你将为自己的行政乱作为承担更大的责任。
焦东海。2010年7月26日
备注：焦东海原系香山中医医院中西医结合科主任、主任医师。曾任中国中西医结合学会理事、中国保健协会减肥分会会长。曾任上海市第10届人大代表、中共上海市党代会代表；1987年被评为上海市科技功臣；1992年被评为全国中医治疗急症先进个人，2001年获全国中西医结合突出贡献奖，1988年至1993年连续6年被评为上海市劳动模范；1990年获全国五一劳动奖章；1995年被评为全国劳动模范；1991年起成为享受国务院特殊津贴的专家；1994年被国家人事部授予有突出贡献中青年专家，并担任部、市级科技进步奖及国家自然科学奖评审专家。
附英文：

JULY . 26

2010

OPEN

LETTER


TO

MADAM
LI
SHI-ZHEN


DEPUTY DIRECTOR OF THE BUREAU OF HEALTH
LU WAN DISTRICT, SHANGHAI

PHOTO TAKEN ON 16TH, Dec. 1972
PHOTO TAKEN IN APRIL, 2002

MS. LIU LI-YING （SEATED FRONT )
JIAO DONGHAI & LI WEI PING

MR. LI WEI PING ( BACK MIDDLE )

Respected Deputy Director, Madam Li Shi-zhen,

How are you ? Presumably as you might see it, what I am writing to you, for the

third time about, is that I still hope you could realize the error that you have made

and correct the wrong case you fabricated, i.e. the wrong verdict you approved on

26th, August, 2003 of the faulty conclusion made by Doctor Wu Li-qun, Song

Yong-jian and Zhou Zhi-hong, who were invited by the Bureau of Health of Luwan

District from the Rui-Jin Hospital, and cheated and based their diagnosis on the

made-up file data on Mr. Li Wei-ping’s death case as ‘Treatment has been found

nothing wrong against the curing principles, death caused by deterioration of the

patient’s conditions’ . Your malpractice administratively had made the verdict
‘the

treasure’ for the ones in power both in Xiangshan Hospital and in the Bureau of

Health of Luwan District, with which they covered the truth of Li Weiping’s death

and kept the relative departments and leaders at various levels in the dark, thus

making a simple problem complicated, and a business issue politicalized.

For 8 years, out of the conscience and medical ethics of doctors, we have made

appeals and petitions in the hope that the wrong case you fabricated could have

been corrected. But up to now, it is still to no avail. Your ill- doings administratively

has been the root cause of why Mr. Li Weiping’s death case can not have been

reversed for 8 years.

On the evening of 28th,May, 2002, Mr. Li Weiping < the son of Ms. Liu Li-ying, the

former Deputy Secretary of the Central Discipline Inspection Commission of the

Chinese Communist Party >, who was then hospitalized in Xianshan Hospital under

a weight-losing therapy, suffered from a sudden heart attack of myocardial

infarction and fell to the ground before the duty doctor’s office. Due to the fact that

the duty doctor Ms. Wang Fan, was not in the office but taking a bath at the time

and when back she applied fatal measures to the patient for as long as 40 minutes,

Mr. Li Weiping died. The vice president of Shanghai Xiangshan Hospital of the

Chinese Traditional Medicine Mr. Wu Yunding instructed people to alter and sham

make the patient’s case file throughout the night and concealed and destroyed part

of the case file. According to Clause 58 of ‘the Regulation on the Handling of Medical

Accidents’, he shall be disciplinarily sanctioned. And according to Tort Liability

Law, he was presumably in fault and should be punished.

Patients in the ward who helped in the rescue all provided written proofs,

confirming that there was no duty doctors about; that the duty doctor when arrived

just looked on and did not apply any immediate rescue; and that the male nurse

Mr. Bao De-xue admitted in writing that at that time he did not even know how to operate the oxygen vessel, failing to get Li Weiping connected with the oxygen

supply when the patient was in need of oxygen. It is obvious that the Xian Shan

Hospital had an unshirkable responsibility.

More, Dr. Wang Fan, whose performance had the cause and effect relationship

with Mr. Li Wei-ping’s death said 4 times repeatedly that her rescue was timely

taken and without any mistakes. But When knowing that I was investigating the

cause of Mr. Li Wei-ping’s death with the patients who were in the know of the

case, she came in the accompany of Dr. Zhu Fei to my office, confessing to me the

fact that at the time when Mr. Li Wei-ping fell, she was not in the office but taking

a bath.

In order to find out the true cause that had made the wrong diagnosis come true, I,

together with Dr. Jiang Xiao-wei paid fact-finding visits on 17th, 19th,and 25th , 2008

to the 3 above-mentioned medical experts in Rui-Jin Hospital. After reading the

true materials, Doctor Wu Li-qun, Song yong-jian and Zhou zhi-hong they all

confirmed, saying that the diagnosis in the death case file was wrongly made. The

patient did not die of Cerebral hemorrhage but a sudden heart attack of myocardial

infarction. Meanwhile, the rescue measures applied were also not correct. They

suggested judicial identification be applied.

November,2008 the HUA XIA Evidence Identification Center of Beijing made the

judicial identification conclusion on Mr. Li Wei-ping’s death case, stating:

‘The rescue taken was untimely and there was misdiagnosis
and wrong treatment in the course of rescuing Mr. Li
Wei-ping by Shanghai Xiangshan Hospital of the Chinese
Traditional Medicine.’

The afore-mentioned untimely rescue was entirely due to Doctor Wang Fan’s

leaving her post without authorization first, and then not knowing what steps to

take when called back, but just looking on, letting co-patients in the ward applying

wrong rescues. Secondly, what ‘misdiagnosis’ above meant is that later Wang

Fan misdiagnosed for 5 minutes that the patient’s heart ceased beating suddenly

and watched the patient dying for 15 minutes, totaling 20 minutes. As a matter of

fact, the patient was just shocked with still breathing and heart beating.

The HUA XIA Evidence Identification Centre of Beijing is a state-run institute under

the Ministry of Justice P.R.C. whose judicial identification is universally

acknowledged as authentic. Judicial identification on important incidents such as

the death incident of China’s pilot Mr. Wang Wei in an air collision between a

Chinese jet and a U.S. jet, 2001 were all made by the Center. The HUA XIA Evidence

Identification Centre of Beijing has been prudent on Mr. Li Weiping’s death case.

They specially invited 3 renowned experts Medical Examiners for the identification.

They are Mr. Hu Zhi-qiang, an Associate Chief Medical Examiner, Mr. Zhuang

Hong-sheng, Chief Medical Examiner of the Supreme People’s Procuratorate, Mr.

Zhai Jian-an, ex-Principal & Party Committee Secretary of the National College of

Public Security.

For the past 8 years or so, we have been reporting the death case of Mr. Li Weiping

to various government agencies, on which the Ministry of Health P.R.C. made

instructions 2 times.
Mr. Zhang Min, Director of Letter & Visit Office, Ministry of

Health, made instructions in the presence of persons in charge in the municipal and

district bureaus of health and the Shanghai Xiangshan Hospital of the Chinese

Traditional Medicine when on a visit to my residence. The Mayor of Shanghai, Mr.

Han Zheng made instructions 2 time. Vice-Mayor of Shanghai, Mr. Yang Xiao-du

made instructions 4 times. The municipal People’s Congress of Shanghai made an

instruction 1 time. The Bureau of Health of Shanghai made instructions 5 times

consecutively on petition letters. The General Office of CPC Central Committee and

the General Office of the State Council issued 2 letters. The National Committee of

the Chinese People's Political Consultative Conference (CPPCC) made 2 motions

respectively. But all these instructions and letters or proposals once reached in

your hand were just like an ox made of clay going into sea with no responses

whatsoever at all. You just turned a deaf ear to whatsoever from the grass-root and

submitted made-up stories to your superiors. May I, in this connection, ask you:

Supposing Mr. Li Wei-ping were your kinsman, how would you react ? Just think in

their place. Return to the relatives of the diseased, the right to be informed, the

right to be Compensated and the right to be treated in an open-and-fair way. If you

still stick to your wrong doings, I am afraid you are bound to take bigger


responsibilities for your ill doings administratively.

By :
Jiao Dong-hai



ex-Party Congress representative for Shanghai Party Congress
10th People’s Congress representative of the city congress of Shanghai
City’s model worker of Shanghai for 6 years running
National model worker
‘May Day Labor Medal’ medalist
The National Middle-age and Young Experts for Outstanding Contribution expert
1994
Expert enjoying special State Council annual compensation 1991
Ex-Branch President of the Obesity Branch of China Health Care Association
Pace-setter of the Emergency Treatment for Chinese Traditional Medicine
Expert member on the Science & Technology Advancement Award Panel
Expert member on the State Natural Science Award Panel