Changhua obstetrician and gynecologist accused of touching private parts was still acquitted at second trial

An obstetrician and gynecologist surnamed Zhuang in Changhua was accused by a female patient of touching her private parts without gloves for more than 30 seconds while the nurse was turning around during an ultrasound examination. The prosecutor charged him with taking advantage of a medical opportunity for indecent assault. The first instance found that there was insufficient evidence and he was acquitted. After the case was appealed to the Taichung High Court, the appeal was recently rejected and the acquittal verdict was upheld. The whole case has not yet been determined.

Although the first-instance judge acquitted Zhuang Nan, he rarely left a "word of advice" at the end of the verdict, emphasizing that a good doctor-patient relationship is based on mutual trust and communication. Doctors should fully explain in advance when performing palpation, especially when they are not wearing gloves, and use empathy to reduce information asymmetry between doctors and patients to avoid medical misunderstandings due to insufficient communication. It is hoped that doctors can learn from this.

The case stemmed from a female patient who went to the obstetrics and gynecology department of a hospital in Changhua. She alleged that during an ultrasound examination, a doctor surnamed Zhuang touched her vulva for more than 30 seconds while the attending nurse turned around to operate the computer. The more she thought about it, the more she felt uncomfortable. After leaving the clinic, she reported it to the nurse and called the police. After the prosecutor investigated, Zhuang was charged.

During the trial at the Changhua District Court, Mr. Zhuang denied molestation. The nurse also testified that during the ultrasound preparatory operation, he asked the patient to remove his underwear above the pubic area and below the mons pubis, and clamp the top of the underwear with folded paper towels to avoid contamination with gel. The judge held that Because, if you want to directly touch the vulva, you have to put your hands into the covering area of the tissue and underwear. The patient was always lying flat at the time and was not asked to open his legs or change his posture. From an objective point of view, it is difficult for Mr. Zhuang to reach his private parts through the covering.

In addition, considering the small space in the clinic, the nurse was only about 3 or 4 steps away from the hospital bed at the time. If Zhuang Nan committed an obscene act in a situation where he could be witnessed at any time, it would be contrary to common sense and the verdict was acquitted. After the case was appealed to the Taichung Higher Branch, the collegial panel found that the original trial's admission of guilt was not illegal. The appeal was recently rejected and the verdict of Zhuang Nan's innocence was upheld. The whole case has not yet been determined.