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Failure to Conduct X-ray Examination Becomes Key
[Reporters Liu Zhiyuan and Lin Xiangmei / Taipei Report]
Yesterday, Taiwan saw its first medical dispute involving traditional Chinese medicine (TCM) massage, resulting in a nearly ten million NTD compensation ruling! The judge ruled that TCM practitioners should consult with Western medicine doctors and conduct X-ray examinations when necessary, sparking dissatisfaction among TCM practitioners and potentially igniting a debate between TCM and Western medicine over medical practices.
Cai Yubin, a former engineer at the Institute for Information Industry, sought treatment at Jiancheng TCM Clinic on Heping West Road in Taipei for neck stiffness. After receiving a "neck rotation and traction" massage, his neck made cracking sounds, and twelve hours later, he became quadriplegic. The TCM practitioner and the clinic were ordered by the Taipei District Court to pay over 9.63 million NTD in compensation. This case marks the first time a doctor has been ordered to pay compensation for injuries caused by massage in Taiwan.
The presiding judge stated that TCM practitioners should inquire about the patient's medical history and, if abnormalities are found, consult with Western medicine doctors and conduct X-ray examinations if necessary. Due to current legal restrictions on TCM and Western medicine integration, the defendant TCM practitioner, Wang Jingxiu, expressed that it is impossible for TCM practitioners to require Western medicine consultations or X-rays before treatment, and he finds the ruling incomprehensible.
Furthermore, Wang Jingxiu argued, "If the patient doesn't disclose their issues, how can the doctor know? Moreover, the judge based the ruling on the Medical Review Committee's report, which consists of Western medicine doctors. How can they evaluate TCM?" The judge responded, "The Medical Review Committee's assessment is scientific, and science does not differentiate between TCM and Western medicine."
Wang Jingxiu, 58, currently works at Ideal TCM Clinic in Taipei. He believes that TCM is being discriminated against in this case, equating massage with Western chiropractic practices. He feels deeply wronged, as he had inquired about the patient's condition, and the patient only mentioned neck discomfort. If doctors are held liable for not uncovering a patient's medical history, they may resort to defensive medicine, hesitating to treat patients effectively. Having practiced medicine for 30 years, Wang has always been dedicated to his patients. He believes the issue lies with Cai's own health condition and that the ruling is unfair to TCM. He plans to appeal.
The Taipei District Court ruled that Wang Jingxiu failed to fulfill his "duty of inquiry" by not detecting that Cai had experienced limb weakness two weeks prior to the treatment. The court held Wang and the clinic responsible for 75% of the negligence, ordering them to jointly compensate Cai with over 9.63 million NTD. Cai, who did not disclose his medical history, was held 25% responsible.
Cai Yubin, 33, returned to his hometown in Taichung County after becoming paralyzed in 2002. Cai claimed that on the evening of December 11, 2002, he visited Jiancheng TCM Clinic, where he was examined by Wang Jingxiu and received a hot compress and massage from assistant Chen Junjia. His neck was rotated, producing cracking sounds. Two hours later, he experienced severe neck pain and was unable to stand. Despite taking medication, his condition did not improve. He sought treatment at Central Clinic and Veterans General Hospital, undergoing emergency surgery the next day. He was diagnosed with "spinal dural vascular rupture," leading to quadriplegia, and sought 12.99 million NTD in compensation from the clinic and doctor.
The Taipei District Court ruled that, based on the Medical Review Committee's report, Cai's paralysis was related to the massage. The judge found that the doctor failed to detect Cai's limb weakness two weeks prior and his previous neck issues treated at Hsinchu Hospital in 1993. The doctor did not consider this history in his medical judgment, leading to the use of a high-risk neck rotation and traction technique that caused Cai's paralysis. The clinic and doctor were held 75% responsible.
Jiancheng TCM Clinic stated that while the clinic retains its original name, new owners took over three years ago, and the incident occurred in late 2002, making it unrelated to the current clinic.
Source: http://www. libertytimes. com. tw/ 2008/ new/ jan/ 3/ today- t1. htm
Inadequate Diagnosis, Lack of Western Medicine, Massage Leads to Paralysis: Traditional Chinese Medicine Practitioner Fined NT$9.63 Million
[Reporters Liu Zhiyuan and Lin Xiangmei / Taipei Report]
Yesterday, Taiwan saw its first medical dispute involving traditional Chinese medicine (TCM) massage, resulting in a nearly ten million NTD compensation ruling! The judge ruled that TCM practitioners should consult with Western medicine doctors and conduct X-ray examinations when necessary, sparking dissatisfaction among TCM practitioners and potentially igniting a debate between TCM and Western medicine over medical practices.
Cai Yubin, a former engineer at the Institute for Information Industry, sought treatment at Jiancheng TCM Clinic on Heping West Road in Taipei for neck stiffness. After receiving a "neck rotation and traction" massage, his neck made cracking sounds, and twelve hours later, he became quadriplegic. The TCM practitioner and the clinic were ordered by the Taipei District Court to pay over 9.63 million NTD in compensation. This case marks the first time a doctor has been ordered to pay compensation for injuries caused by massage in Taiwan.
The presiding judge stated that TCM practitioners should inquire about the patient's medical history and, if abnormalities are found, consult with Western medicine doctors and conduct X-ray examinations if necessary. Due to current legal restrictions on TCM and Western medicine integration, the defendant TCM practitioner, Wang Jingxiu, expressed that it is impossible for TCM practitioners to require Western medicine consultations or X-rays before treatment, and he finds the ruling incomprehensible.
Furthermore, Wang Jingxiu argued, "If the patient doesn't disclose their issues, how can the doctor know? Moreover, the judge based the ruling on the Medical Review Committee's report, which consists of Western medicine doctors. How can they evaluate TCM?" The judge responded, "The Medical Review Committee's assessment is scientific, and science does not differentiate between TCM and Western medicine."
Wang Jingxiu, 58, currently works at Ideal TCM Clinic in Taipei. He believes that TCM is being discriminated against in this case, equating massage with Western chiropractic practices. He feels deeply wronged, as he had inquired about the patient's condition, and the patient only mentioned neck discomfort. If doctors are held liable for not uncovering a patient's medical history, they may resort to defensive medicine, hesitating to treat patients effectively. Having practiced medicine for 30 years, Wang has always been dedicated to his patients. He believes the issue lies with Cai's own health condition and that the ruling is unfair to TCM. He plans to appeal.
The Taipei District Court ruled that Wang Jingxiu failed to fulfill his "duty of inquiry" by not detecting that Cai had experienced limb weakness two weeks prior to the treatment. The court held Wang and the clinic responsible for 75% of the negligence, ordering them to jointly compensate Cai with over 9.63 million NTD. Cai, who did not disclose his medical history, was held 25% responsible.
Cai Yubin, 33, returned to his hometown in Taichung County after becoming paralyzed in 2002. Cai claimed that on the evening of December 11, 2002, he visited Jiancheng TCM Clinic, where he was examined by Wang Jingxiu and received a hot compress and massage from assistant Chen Junjia. His neck was rotated, producing cracking sounds. Two hours later, he experienced severe neck pain and was unable to stand. Despite taking medication, his condition did not improve. He sought treatment at Central Clinic and Veterans General Hospital, undergoing emergency surgery the next day. He was diagnosed with "spinal dural vascular rupture," leading to quadriplegia, and sought 12.99 million NTD in compensation from the clinic and doctor.
The Taipei District Court ruled that, based on the Medical Review Committee's report, Cai's paralysis was related to the massage. The judge found that the doctor failed to detect Cai's limb weakness two weeks prior and his previous neck issues treated at Hsinchu Hospital in 1993. The doctor did not consider this history in his medical judgment, leading to the use of a high-risk neck rotation and traction technique that caused Cai's paralysis. The clinic and doctor were held 75% responsible.
Jiancheng TCM Clinic stated that while the clinic retains its original name, new owners took over three years ago, and the incident occurred in late 2002, making it unrelated to the current clinic.
Source: http://www. libertytimes. com. tw/ 2008/ new/ jan/ 3/ today- t1. htm
2008/01/03 02:14