Won the "Top Ten Legal News Figures in 2007" and "Down" Nine Kinds of Fake and Inferior Medical Devices in Ten Years
Character index
Name: Chen Xiaolan.
Nickname: "fake doctor"
Age: 54 years old
Achievements: After ten years of reporting fake and inferior medical devices alone, he was repeatedly retaliated and embarrassed, but he still insisted on counterfeiting, which led to the ban of nine kinds of fake and inferior medical devices and pushed the competent authorities to issue a number of regulatory documents.
Personality words: "I am a doctor, I am dealing with life!" I want to live up to my conscience! "
Ten years ago, Chen Xiaolan was a doctor in the physical therapy department of Guangzhong District Hospital in Hongkou District, Shanghai. Colleagues respected her and patients loved her. Some patients came to see her by car for a long time because "Dr. Chen’s medical skills are high and he doesn’t lie";
Ten years later, 54-year-old Chen Xiaolan has already taken off his beloved white coat, but he is still struggling on the road of counterfeiting ―― "Because I used to be a doctor, I have to live up to the doctor’s conscience."
Recently, after she was elected as "Top Ten Legal News Figures in 2007", the reporter came to her home-an old workshop in Peng Pu Xincun, Zhabei District.
Set foot on the road to counterfeiting ten years ago.
"I am a person who can’t tolerate sand in my eyes. How can this happen in a hospital that saves lives?" Chen Xiaolan will never forget July 24th, 1997, which changed her destiny for the rest of her life.
That day, Chen Xiaolan was working, and a patient came to her and said, "Dr. Chen, can I stop hitting that’ laser needle’ and I will tremble?"
"Will tremble? Is it an infusion reaction? " Chen Xiaolan ran to see a transfusion equipment called "Optical Quantum Oxygen Transmission Liquid Therapeutic Apparatus", on which there was a line of small print "ZWG-B2". Chen Xiaolan knows that ZWG is the pinyin abbreviation of "ultraviolet light" instead of laser. She stopped the patient who wanted an injection: "This is ultraviolet light, not laser."
But Chen Xiaolan didn’t expect that because of this sentence, she was questioned by the hospital leaders the next day: "Who said that light quantum is not a laser? This was invented by Professor Lu Yingshi of Shanghai Medical University. Are you better than the professor?"
Stubborn Chen Xiaolan began to study "light quantum". After reading through the instructions, she found that the instrument oxygenated the liquid for infusion to the patient, irradiated by the "laser" emitted from the instrument, and then input it into the body. "But many drugs are to prevent oxidation and avoid light. How can they be oxygenated and illuminated?"
Chen Xiaolan was puzzled. She called some famous doctors in Shanghai and asked if the medicine could be irradiated by ultraviolet light. Most doctors thought it was not possible. So Chen Xiaolan bought a potion and used the "Optical Quantum Oxygen Transmission Liquid Therapeutic Apparatus" to carry out a simulation test. The result surprised her: the potion oxygenated by "Optical Quantum" actually produced flocs!
"The patient’s blood vessel is not a sewer. After this kind of thing is input, how can it come out?" Chen Xiaolan’s father was angry, and his mother had asked someone to find out that the "Professor Lu Yingshi" was totally false. Unbelievable, Chen Xiaolan personally went to the Personnel Department of Shanghai Medical University to inquire, but the staff told her unequivocally that there was no such person as Lu Yingshi among the more than 10,000 employees in the school, including the affiliated hospital.
However, the hospital ignored Chen Xiaolan’s reaction, saying that "whoever opposes light quantum will be laid off". Chen Xiaolan hesitated, but the thought that according to the World Health Organization survey, one third of the patients in the world died of drug poisoning made her unable to sit in the hospital with peace of mind.
She began to visit patients who had had "laser needles" one by one. Among the 23 patients who received "light quantum" treatment, 9 died of renal failure and pulmonary embolism. So Chen Xiaolan found the district committee and the Health Bureau, and went to the Shanghai Medical Administration, the predecessor of the Shanghai Food and Drug Administration, to report the situation, and then embarked on the road of exposing fake and inferior medical equipment for ten years.
The road to reporting can’t stop
In June 1998, Shanghai Medical Administration ordered Guangzhong District Hospital to stop using "light quantum" and fined more than 10,000 yuan. In November of the same year, Chen Xiaolan was laid off, but she found that "Optical Quantum" was still widely used in other hospitals in Shanghai.
In fact, for many hospitals, "optical quantum" has become a vital instrument-because it can cure almost all diseases, patients queue up for "laser needle" at the suggestion of doctors every day.
Chen Xiaolan went to the Shanghai Medical Administration again to report, but the answer was: No one in those hospitals reported it, so he couldn’t investigate it, and Chen Xiaolan wasn’t an employee of those hospitals, so he couldn’t report it.
"Then who can report it?"
"Patients, patients are victims."
"Then I’ll be the victim." Since February 1st, 1999, Chen Xiaolan has received "light quantum therapy" four times in three days. The night before the use of "light quantum", the woman who had lost her job was lying in bed with tears in her face. She said, "Actually, I’m scared, too."
After obtaining the evidence, she reported to the Shanghai Municipal Administration of Medicine and did not file a case; Going to court to sue, there is no case. Finally, Chen Xiaolan had to go to Beijing to report the situation to the State Council, the Ministry of Health, the State Administration of Medicine and the State Administration for Industry and Commerce.
On April 15th, 1999, the Shanghai Municipal Health Bureau, together with medical insurance bureau and the Drug Administration, finally made a decision to ban the use of "light quantum" in hospitals all over the city.
On June 22nd, 2000, seven departments, including the Shanghai Letters and Calls Office and the Health Bureau, jointly held a coordination meeting, apologized in person for the unfair treatment Chen Xiaolan received in the reporting process, and decided to transfer her to the physical therapy department of Peng Pu District Hospital in Zhabei District, and the drug supervision department rewarded her with 20,000 yuan. An official told Chen Xiaolan privately that this was the highest-profile "apology" ever made by the Shanghai Letters and Calls Office.
"You don’t have to apologize to me. You should apologize to those who were killed by’ light quantum’ and see if they can get up and forgive you." Stubborn Chen Xiaolan said.
Chen Xiaolan decided not to "mind her own business", but just eight months later, she couldn’t sleep at night again ―― the newly introduced nasal laser therapeutic instrument in the hospital is a kind of instrument similar to "light quantum". After the report, the nasal laser therapeutic instrument was banned, but the "fiber needle" for infusion was replaced. The nose laser is just cheating money, but the "fiber-optic needle" can be deadly. Chen Xiaolan can’t stop, but he can only continue to go further and further on the road of reporting fake and inferior medical devices.
On December 31st, 2002, Chen Xiaolan was forced to retire as a "worker’s establishment" by Peng Pu District Hospital, but he could not go through the retirement formalities because there were problems in the handover procedures when he was transferred in that year. But Chen Xiaolan didn’t flinch, and her mother’s will encouraged her to move on ―― "Xiaolan, you are a doctor, patients don’t understand, you know, you should protect their rights."
Calling for medical device legislation
"Now the hospital is a convalescent doctor." Chen Xiaolan said that counterfeit and inferior medical devices are unimpeded in hospitals, and the word "profit" is indispensable. Abuse of high-priced drugs and unnecessary tests have also become a means for some hospitals to generate income.
Chen Xiaolan played an important role in the incident of Shanghai Union Medical College Hospital.
In November, 2006, a patient found her after being cheated. Chen Xiaolan investigated near the hospital for more than 20 days, and collected evidence to report the illegal and irregular problems in the use of drugs and medical devices during the diagnosis and treatment of Xiehe to Shanghai Food and Drug Administration twice. On January 4th, 2007, Chen Xiaolan reported to the Price Bureau about the medical service of Xiehe and the price of traditional Chinese medicine. On January 5th, Shanghai Food and Drug Administration raided Shanghai Union Medical College Hospital, and Chen Xiaolan, as the supervisor of Shanghai Food and Drug Administration, supervised the law enforcement process. On January 8th, Chen Xiaolan reported the fraudulent medical service of Shanghai Union Medical College Hospital to Shanghai Health Supervision Institute again.
"This is not surgery, this is fraud!" Chen Xiaolan was angry when he mentioned the series of "hysteroscopy-laparoscopy" operations boasted and implemented by Shanghai Union Medical College Hospital. "This operation is a scam set by Shanghai Union Medical College Hospital. The rights and interests of a large number of patients have not been fully safeguarded, and the judiciary must intervene." Soon after, Union Medical College Hospital was revoked the Practice License of Medical Institution by the Shanghai health administrative department.
Chen Xiaolan pointed out that once some fake and inferior medical devices appear, they will quickly enter several hospitals, and their methods are high kickbacks. Hospitals borrow doctors’ hands and give them to patients in the name of "treatment fees", and most of them are settled with medical insurance funds, so the use of fake and inferior devices has caused the loss of huge medical insurance funds. Take the ban on about 1,000 "optical quantum meters" in Shanghai as an example. If the number of people per day is 10, the city will spend 400,000 yuan on medical insurance.
Chen Xiaolan believes that, driven by interests, fake and inferior medical devices and fraudulent medical services occupy a large number of existing medical resources, and a large amount of medical insurance funds are wasted, and the country will ultimately suffer. "These problems are due to the lack of medical legislation, so I want to shout loudly: when can our medical device supervision rise to the height of law!"
As early as when reporting "Optical Quantum", Chen Xiaolan found that according to the Regulations on the Supervision and Administration of Medical Devices, whether a product has a "registration number" is the basis for judging whether a medical device is legal or not, but there are no provisions in the regulations on how to judge whether a registered "legal" medical device is "qualified" or not, and there are no provisions on dealing with counterfeit and shoddy medical devices. "In society, it is a violation of criminal law to manufacture and sell fake and shoddy medical devices, but strangely, it is’ legal’ to manufacture and sell fake and shoddy medical devices in hospitals."
In order to get rid of those fake and inferior medical devices with official registration numbers, Chen Xiaolan has filed eight lawsuits and sued four hospitals, and lost every time. "I knew at that time that the case would be lost because of the lack of legal support, but I insisted on prosecuting because I wanted to promote legislation."
Chen Xiaolan said, in fact, she doesn’t like the name "fake doctor". Counterfeiting is a government act, while safeguarding rights is a personal act. Her rights protection action is not for counterfeiting, but for promoting medical device legislation. After nine years of reporting experience, Chen Xiaolan has become an "expert" on related issues. She believes that cases that achieve fraudulent purposes through medical services in medical institutions should be separated from ordinary medical disputes and medical accidents and investigated for criminal responsibility. In the absence of decision-making mistakes by doctors, enterprises that produce medical devices should be responsible for their products and bear the consequences, rather than just taking profits and taking no risks. "This increases the interests of enterprises, but destroys the image of doctors and the relationship between doctors and patients."
Ten years of hard work has achieved initial results.
In the past ten years, Chen Xiaolan has made more than forty trips on the Beijing-Shanghai line to report counterfeit and inferior medical devices, and spent more than 100,000 yuan in savings. In order to save money, she tried to take the local train. In the past, Chen Xiaolan was well-dressed and had a fine diet, but now she can chew cucumbers and eat steamed buns. When she has no money, she can’t even afford to take a bath with 3 yuan’s money.
Many people who supported her actions once offered to raise money for her and subsidize her funds, but she all refused. "Once you take the money, even if you use all the money on the right path, you still can’t say clearly, and some people will say that you have ulterior motives. If I don’t take it, I will do it right. "
In the past ten years, Chen Xiaolan has banned nine kinds of counterfeit and inferior medical devices, such as optical quantum transmission liquid therapeutic instrument, Shi Ying glass infusion set, nasal laser therapeutic instrument and optical fiber needle. She also urged the Ministry of Health and the State Food and Drug Administration to issue a number of documents banning related devices and therapies, including three regulatory documents. Speaking of these achievements, Chen Xiaolan’s tired face is full of relief.
"Regrettably, the merchants of these banned products are only fined tens of thousands of yuan at most, and some even have only a few thousand yuan. These fines are simply nine Niu Yi hairs compared with the profiteering that bosses get."
In April 2006, Shanghai Mayor Han Zheng spoke highly of Chen Xiaolan at the community work conference. He is also another Shanghai leader who publicly affirmed Chen Xiaolan’s behavior after Xu Kuangdi, the former mayor, since Chen Xiaolan cracked down on counterfeiting for ten years.
More and more people joined in supporting Chen Xiaolan. Li Kui-nan, a deputy to the Eighth, Ninth and Tenth National People’s Congress, has written reports on the situation reflected by Chen Xiaolan for many times, which has attracted the attention of relevant leaders in Shanghai.
In October 2007, the reportage "Angels in Battle" with her as the theme won the fourth Lu Xun Literature Award, which was unanimously approved by the judges.
"If I hadn’t embarked on this road, I would have lived a simple and peaceful life now. But I’m a doctor. I’m dealing with life! I want to live up to my conscience! " Chen Xiaolan said. (Reporter Liu Jian)
Editor: Zhu Zhen