Lin Chaoshun, the attending physician in the anesthesiology department at the time, touched the female patient's private parts while the patient was recovering from anesthesia and was unconscious, and argued that he was "in a daze" that day. He once admitted the crime but overturned it. The Taipei District Court sentenced Lin to one year and two months in prison for taking advantage of the opportunity for indecency, and ordered him to pay compensation of more than 1.18 million yuan. After the case was appealed, the High Court's second criminal trial in May this year upheld the one-year and February verdict. The high court's second civil trial came out today and also upheld the award of 1.18 million yuan in compensation.
The female patient went to the Affiliated Hospital of Taipei Medical University for a painless gastroenteroscopy on the morning of November 25, 2022. Lin Chaoshun performed medium-deep general anesthesia. After the examination, the patient was sent to the recovery room. He lay on his left side and waited for the anesthesia to wear off. However, he felt abnormal stimulation in his lower body while he was in a daze. She opened her eyes and saw a male doctor in a white robe, glasses, with thin hair, about 50 to 60 years old, and about 178 centimeters tall, standing outside the curtain.
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The female patient was in a panic. Even if she was awake, she could only respond mechanically to the nurse's questions without informing her accompanying family members. The next day, she complained to Beijing Medical University about being harassed by Lin Nan. After receiving the report, Beijing Medical University launched an investigation and decided to punish Lin Nan for one major offense, suspend clinical practice for three months, remove her from her supervisory position, prohibit her from holding supervisory or clinical teaching-related positions for one year, and ban her from serving in inspection units.
The female patient claimed that she underwent painless upper gastrointestinal pan-endoscopy and colonoscopy at Peking University from 9:40 to 10:5 a.m. on November 25, 2022, and was administered medium-deep sedation by Lin Chaoshun, an anesthesiologist at the time. Unexpectedly, at about 10 o'clock in the morning that day, after the examination, while she was lying on the bed in the recovery room, still in an unconscious and irresistible state because the anesthesia had not yet worn off, Lin Chaoshun took the opportunity to touch her lower body with his fingers, violating her sexual autonomy and causing great mental pain.
The female patient originally sought compensation of NT$4.24 million from Lin Chaoshun. After hearing the case, the Taipei District Court found that she needed psychological counseling at a cost of NT$3,500 per week for one year due to the incident. The total cost was NT$182,000. She was also awarded a compensation of NT$1 million in moral comfort, totaling principal and interest of NT$1.182 million. The remaining requests were rejected. Lin Chaoshun was dissatisfied with the verdict and appealed, but the female patient did not appeal.
The Civil Collegiate Tribunal of the High Court pointed out that when Lin Chaoshun was interviewed by relevant personnel of Peking University on November 29 and December 7, 2022, he admitted that at about 10 a.m. on November 25 of the same year, after the female patient had completed the examination and was lying in recovery On the hospital bed in the hospital, and the effects of the anesthesia had not faded, and the patient was unaware and unable to resist, he committed the above-mentioned behavior against the female patient, which was consistent with the female patient’s claims. When Peking University held a briefing on December 16 of the same year, it also explained the relevant situation to the female patient.
The Civil Collegiate Tribunal of the High People's Court held that Lin Chaoshun's behavior was a deliberate and unlawful violation of the female patient's sexual autonomy and caused the female patient great mental pain. Therefore, the female patient's request to Lin Chaoshun for compensation of 182,000 yuan in psychological consultation fees needed to restore physical and mental health and 1 million yuan in non-pecuniary damages, totaling 1.182 million yuan in principal and interest, was justified in accordance with the relevant provisions of the torts of the civil law.
The Civil Collegiate Tribunal of the High People's Court found that Lin Chaoshun's appeal was unfounded. Today it ruled to reject the appeal and uphold the first-instance award of NT$1.182 million in principal and interest. No appeal is allowed.
