Hoa Binh Court returns case file of doctor Hoang Cong Luong

From 1 p.m., a large number of people and doctors gathered in front of the court to complete the procedures to attend the sentencing. Many people wore blue shirts, the same color as the shirt that defendant Hoang Cong Luong (doctor at Hoa Binh General Hospital) wore for 11 days to court, hoping that "joy will come to the male doctor".

The room with the court's video screen was packed with viewers.

After 2 p.m., the panel of judges came to work but did not pronounce the verdict as announced but unexpectedly returned the case file to the Procuracy to request clarification of a number of issues. This decision of the court coincided with the request previously stated by the Procuracy.

The panel of judges determined that this was a case of special public interest, so the trial took place democratically and objectively, in compliance with the principle of public debate, creating favorable conditions for participants in the proceedings, in line with the spirit of judicial reform.

The panel of judges found that there were signs of procedural violations during the investigation and prosecution, and that there were still “signs of missing criminals”. Evidence of guilt and innocence for the defendant Hoang Cong Luong had not been fully collected. During the trial, many new documents appeared that had not been verified and clarified.

To resolve the case in accordance with the law, not to wrongly accuse innocent people and to promote the responsibility of health management agencies to avoid unfortunate disasters in the future, the panel of judges decided to return the criminal case file for re-investigation.

The Court requested to consider the responsibility of the Ministry of Health.

The panel of judges recommended an investigation to clarify the evidence of guilt and innocence of Dr. Luong. Determine Luong's fault in issuing the medical order. Before issuing the medical order, did he report to the department leader? Investigate whether anyone told Luong that the RO water filtration system used for hemodialysis was safe? Clarify the change in testimony of the male defendant and other related people?

The People's Court recommended prosecuting Mr. Hoang Dinh Khieu (former Head of the Intensive Care Department - Deputy Director of Hoa Binh General Hospital) and former Head of the Supplies Department Tran Van Thang for the crime.lack of responsibility causing serious consequenceswhen not monitoring RO water filtration system repair operations.

The former Director of Truong Quy Duong Hospital and Director of Thien Son Company Do Anh Tuan were also recommended by the court to consider responsibility due to suspicion of violations in signing a joint venture contract to repair and maintain medical equipment and the basis for collecting money for artificial kidney dialysis. Determine whether there were any other agreements in collecting and using this money?

The panel of judges recommended an investigation to clarify the responsibilities of doctors Nguyen Manh Linh, Dang Thi Huyen and nurses Nguyen Thu Hang, Do Thi Diep and Nguyen Thi Hau in relation to issuing dialysis orders and handing over equipment after repair; and clarify the responsibilities of Mr. Khieu and doctor Hoang Cong Tinh in adding the content of assigning tasks to defendant Luong in the meeting book.

The panel of judges requested to consider the responsibility of the Ministry of Health for issuing two official dispatches to the Investigation Police Agency of Hoa Binh Province Police and the law firm with conflicting content on the RO water sample testing process according to AAMI standards; clarify the policy of the Ministry of Health in allowing public health facilities to provide services related to artificial kidneys.

Finally, the panel of judges requested to consider the responsibility of the Department of Health of Hoa Binh province in the delay in licensing and managing the activities of the artificial kidney unit - Hoa Binh Provincial General Hospital.

Today, traveling more than 60 km to be present at court early, Mrs. Bui Thi Cam (wife of victim Bui Van Poi) said she hopes for an objective verdict, the right person, the right crime. Mrs. Cam hopes that Dr. Hoang Cong Luong will be declared innocent and the two defendants Son and Quoc will also receive a lighter sentence than the previous request of the People's Procuracy.

Mrs. Cam also hopes that the jury will "make a fair decision" on the amount of civil compensation. She said that more than a year has passed, so she just wants to "end the matter here" so that the pain does not linger with the victims' families.

Regarding the medical incident that killed 9 people at Hoa Binh General Hospital, after being postponed due to the absence of many lawyers, on May 15, the People's Court of Hoa Binh City reopened the first instance trial of defendants Hoang Cong Luong (doctor), Tran Van Son (officer of the supplies department of Hoa Binh General Hospital) and Bui Manh Quoc, scheduled for 5 days. However, the first instance trial lasted 12 days of trial and 6 days of deliberation.

During the trial, defendant Hoang Cong Luong always claimed that the prosecutor accused him of committing a crime.lack of responsibility causing serious consequencesis incorrect. Luong only treated patients at the artificial kidney unit and “was not the manager of this unit”. In his final statement before the court announced the verdict, defendant Luong continued to claim that he was “completely innocent”. Luong hoped that the panel of judges would consider the case objectively to avoid wrongful convictions.

The two remaining defendants both admitted that it was due to "subjective errors that caused extremely serious consequences." However, both Quoc and Son affirmed that no one had instructed them on the process of repairing the water filtration system, so the responsibility "could not belong to just the two of them."

In addition to the accusations against the three defendants, the lawyers “expanded the case”, presenting evidence of “letting criminals go unpunished” by not summoning former hospital director Truong Quy Duong and many other related people to court. The responsibility of the Ministry of Health was also mentioned for not issuing procedures for repairing and operating RO water filtration systems in hemodialysis.

In response to the defendant and the lawyers, the representative of the People's Procuracy affirmed that the cause of the medical incident was due to the contaminated water source of the RO water filtration system and not related to the machinery. Through questioning in court, the prosecution also found that the medical equipment at Hoa Binh General Hospital did not meet standards, so it may recommend that the competent authority review the case in another case for clarity.

The prosecution alleges that Luong had the appropriate expertise, so he was assigned the task by the head of the department, Hoang Dinh Khieu. During his detention, Luong also clearly stated in the meeting that Mr. Khieu assigned him to manage the expertise and other tasks in the artificial kidney unit.

According to the People's Procuracy, this was not a dangerous act but "was the cause of the incident" that killed 9 people and affected the health of 9 others. If Luong had fulfilled his assigned responsibilities, such consequences would not have occurred. If the male doctor had previously reported to the head of the department, his responsibility would have been reduced.

Many lawyers disagree with this view of the Procuracy, saying that Luong was in an urgent situation and had to issue the medical order for the safety of the patient. However, the prosecution denied this, asserting that Luong was always the one who issued the final medical order, replacing the head of the department. The morning of May 29, 2017 (the day the medical incident occurred) was not an urgent situation, as all the patients were undergoing regular dialysis.

Regarding the defendant Quoc's behavior, the People's Procuracy believes that Quoc knew that not testing the water source before performing dialysis was dangerous, but did not prevent it, allowing the kidney unit to put the machine into operation. This behavior is sufficient to constitute a crime.involuntary manslaughter.

Defendant Son was assigned by the head of the department to manage the medical equipment in the artificial kidney unit. He should have known that after the repair, the water quality must be tested. However, on May 29, 2017, when the water sample had not yet been taken, Son did not intervene and let the equipment operate. According to the People's Procuracy, the actions of Son and Quoc were the main cause of the particularly serious medical incident that killed 9 people.