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Back台中榮總兩名醫師因讓醫材商代刀被判刑,檢方上訴
台中榮總兩名醫師因讓醫材商代刀被判刑,檢方上訴
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自由时报1 hour agoCrime2 min readChinaView translation

台中榮總兩名醫師因讓醫材商代刀被判刑,檢方上訴

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台中榮總前腫瘤神經外科主任楊孟寅及前微創性神經外科主任鄭文郁,因指派無醫師資格的醫材商代為執行手術,一審分別被判處1年4月及1年2月徒刑,均緩刑4年。檢方認為原審認事用法有未洽,於2日提起上訴。案中還揭露醫材商涉嫌以銷售額2至3成作為公關費給醫師,涉案五人另被控詐領健保及患者費用共196萬元。

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Why It Matters

台中榮總兩名神經外科主任被控指派無醫師資格的醫材商進入手術室代為執行手術,涉及13名患者,並涉嫌詐領健保及患者費用。

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中榮神經醫學中心名醫楊孟寅(右)、鄭文郁(左)主任因讓醫材商代為向13名患者代刀手術,一審楊判1年4月、鄭判1年2月,均宣告緩刑4年。(擷取自中榮官網)

台中榮總前腫瘤神經外科主任楊孟寅、前微創性神經外科主任鄭文郁,遭控讓不具醫師資格的醫材商進手術室「代刀」,一審分判1年4月、1年2月徒刑,均緩刑4年,台中地檢署審酌判決後認為2名醫師部分認事用法尚有未洽,今(2)日提起上訴。

中檢起訴指出,楊孟寅、鄭文郁2人為貪圖勞務便利並鞏固與醫材廠商間合作關係,於執行脊椎內視鏡及融合手術時,指示不具醫師資格的3名醫材廠商進入手術室,向13名患者非法執行電燒止血、抓取病患組織、植入螺釘及組裝連接桿等核心醫療行為,嚴重危害病患生命、身體安全及醫療品質。

檢方並查出,醫材廠商涉嫌將銷售額約2至3成作為「公關費」給予醫師,形成「醫師掛名、廠商代刀、私下分利」模式;涉案5人另被控隱匿廠商實際執行醫療行為,詐領健保署診察費、手術費及患者自費共196萬元。

台中地院9月15日宣判時,認定5人均涉犯醫師法第28條非法執行醫療業務罪及詐欺取財罪,考量5人認罪、與全部病患或家屬完成調解和解並履行賠償,且尚無證據證明病患因此受到實際身體傷害,判楊孟寅1年4月、鄭文郁1年2月,均緩刑4年;3名醫材商則分判1年、8月、8月,均緩刑3年;中檢檢察官審酌第一審判決內容後,認就其中2名醫師楊孟寅、鄭文郁部分,原審判決認事用法尚有未洽,今天依法提起上訴。

What to Watch

AI outlook — possibilities, not facts

  • 台中高等法院將於數月內審理檢方上訴案

    Very likely · Within months

Open Questions

  • 醫材商是否真的具備手術能力?
  • 公關費制度在醫材業界是否普遍存在?
  • 患者是否知情並同意由非醫師執行手術?

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