College students were ＂mentally ill＂ for 134 days： taking 10 pills every day and experiencing 4 electric shocks.
On October 10th, after the trial, Zhao Yang (right) and attorney Zhang Xiaoli took a group photo in front of Luolong District People’s Court.
"What do you think of my character?" "Do you think I am mentally ill?" "am I abnormal?"
These questions, Zhao Yang (pseudonym) asked his two roommates, Yuan Caihong, the dean of his college, and also asked the reporter of China Youth Daily and Zhongqing Online.
Before July 20th, 2015, Zhao Yang, an English education major in the School of Foreign Languages of Luoyang Normal University, never thought that one day he would ask these questions. On July 20th, Chen Guan ‘an, deputy secretary in charge of student affairs, informed Zhao Yang’s mother, Li Yan (a pseudonym), that Zhao Yang had abnormal behavior at school and belonged to a mental disorder patient. The medical staff of Luoyang Mental Health Center forced Zhao Yang to seek medical treatment without Zhao Yang’s willingness. It was not until November 30, 2015 that Zhao Yang was discharged from the hospital.
After leaving the hospital, Zhao Yang sued Luoyang Normal University and Luoyang Mental Health Center, demanding compensation for medical expenses, follow-up medical expenses, transportation expenses, mental damages and other losses totaling 170,000 yuan, and publicly apologized.
The case went through the judgment of the first instance, and the second instance was sent back for retrial.
On October 10, 2018, the People’s Court of Luolong District, Luoyang City retried the case.
Admission: Zhao Yang himself is unwilling to be admitted to the hospital.
According to the school of Luoyang Normal University, Zhao Yang is not a student who obeys management. According to the defense of the second trial, Luoyang Normal University believes that Zhao Yang repeatedly violated school discipline, clashed with teachers and classmates, did not communicate with others, and did not abide by dormitory management regulations. He repeatedly proposed to suspend school and resume school.
Zhao Yang explained that he applied to change the dormitory because the newly-built dormitory in the school had an odor after renovation; Before he was admitted to the hospital for "mental illness", he only applied for suspension and resumption of school once, because he was older and all the other female students in his class were 18 years old, and he felt a little lonely.
China Youth Daily Zhongqing Online reporter noticed that on October 29, 2014, shortly after entering school, Zhao Yang applied for suspension from school on the grounds that he did not adapt to school life and wanted to get employment in advance. On January 8, 2015, he hoped that the school would approve the resumption of school and claimed to be eager to study on the grounds of giving up the idea of early employment by the department and parents.
In 2014, 27-year-old Zhao Yang took the college entrance examination as a social student. Previously, he had been working outside for many years.
Introverted and few friends, Xu Tian (a pseudonym), a classmate of Zhao Yang, commented on Zhao Yang. In his impression, Zhao Yang told his college teacher Chen Guanan that he was dissatisfied with him at school.
The turning point was the summer vacation in 2015, that is, during the summer vacation after Zhao Yang’s freshman year, the college teacher Chen Guanan called Zhao Yang’s mother Li Yan, hoping that Li Yan would take Zhao Yang home after staying in school for the summer.
In several telephone conversations, Chen Guanan told Li Yan about Zhao Yang’s performance at school, suspecting that Zhao Yang was ill, and hoped that Li Yan could take Zhao Yang for a psychiatric examination, or take Zhao Yang off campus and rent a house with her parents.
For the sake of her children’s studies, Li Yan came to Luoyang Mental Health Center and told the doctor Xu Mincong that her son was suspected to be ill by the teacher, hoping to have a check-up. Then the hospital sent a car from Xu Mincong and other medical staff to the school with Li Yan.
After arriving at the school gate, Chen Guanan communicated with the doorman, allowing Li Yan and his party to enter the campus and contact Zhao Yang in the dormitory in Zhao Yang. Because Zhao Yang didn’t want to leave the dormitory, Chen Guan ‘an discussed with Xu Min and Li Yan and tied Zhao Yang away. Li Yan disagreed and went into the dormitory to pack things for Zhao Yang.
Li Yan recalled that when she was packing for her son, she found that Chen Guanan and Xu Mincong and other four people tied Zhao Yang’s hands behind his back, and Zhao Yang struggled desperately. She was so scared that she burst into tears and repeatedly asked the medical staff and teachers to let Zhao Yang go.
Chen Guan ‘an told Li Yan that Zhao Yang could continue to go to school only after a certificate from a mental hospital proved that Zhao was really not ill.
In order to get the certificate, Li Yan agreed that Chen Guan ‘an and Xu Min would take Zhao Yang to the hospital for mental disorder diagnosis, and she also went to Luoyang Mental Health Center with the hospital car. Chen Guan ‘an did not participate in the follow-up Zhao Yang’s medical treatment.
In the defense of the second instance, Luoyang Mental Health Center believes that it is not improper to assist Li Yan to send Zhao Yang to the hospital for treatment. According to the first paragraph of Article 28 of the Mental Health Law of People’s Republic of China (PRC), close relatives of patients with suspected mental disorders can send them to medical institutions for mental disorder diagnosis.
Zhao Yang recalled that when he arrived at the hospital, Xu Mincong and others didn’t send Zhao Yang to the outpatient clinic or check-up, but drove the car directly to the inpatient department. As soon as he got off the bus, he sent Zhao to the iron fence and forced Zhao Yang to seek medical treatment. Although Li Yan didn’t want Zhao Yang to be hospitalized directly, she hoped to have a check-up and a certificate report after admission, and finally agreed to Zhao Yang’s admission.
In hindsight, Zhao Yang felt that his mother was a "muddled egg" and trusted the teachers and doctors.
On the hospitalization certificate, Zhao Yang’s admission status is "urgent", admission status is "escort" and he is diagnosed as "schizophrenia". In addition to "escort", the other two options are "self-help" and "rescue state transportation". Zhao Yang’s attorney Chang Boyang explained that "escort" means that Zhao Yang’s admission status is mandatory.
However, in the judgment of the first instance, the statement of Luoyang Mental Health Center was different from that of Zhao Yang’s mother and son: after the medical staff arrived at the scene (dormitory), Zhao Yang was initially diagnosed as schizophrenia in combination with on-site judgment, emotional judgment, insight judgment and past medical history.
Xu Min explained Zhao Yang’s disease diagnosis, condition, degree of harm and treatment suggestions to Li Yan from the deputy chief physician. Li Yan repeatedly persuaded Zhao Yang to accept hospitalization, but after more than an hour of persuasion, it was ineffective. Finally, Li Yan begged the medical staff to help escort Zhao Yang to the hospital for hospitalization.
The only intersection between the two sides’ descriptions is that Zhao Yang was hospitalized involuntarily.
The Mental Health Law of People’s Republic of China (PRC) stipulates that hospitalization for mental disorders is voluntary.
Among them, when the patient has harmed himself or is in danger of harming himself, the medical institution shall, with the consent of his guardian, treat the patient in hospital; However, if the patient or his guardian disagrees with the diagnosis conclusion that the patient needs hospitalization and disagrees with the hospitalization, he may ask for a second diagnosis and appraisal.
Lawyer Chang Boyang believes that Zhao Yang has never done or is in danger of doing harm to himself, nor has it done anything that endangers the safety of others. Therefore, even if the guardian agrees, the mental health center should not forcibly treat Zhao Yang without Zhao Yang’s will.
The admission record of that day showed that Zhao Yang was conscious and his cognition, intelligence and memory were normal. Lawyer Chang Boyang analyzed that Zhao Yang has the ability of his own judgment, and he can decide whether he should be hospitalized or not. Moreover, regardless of whether Zhao Yang is sick or not, the school should not deprive him of his right to education and require a hospital certificate to continue his education.
In the hospital: injured by a nurse.
During his 134 days in Luoyang Mental Health Center, Zhao Yang experienced four electric shocks, tied or injected tranquilizers many times, and took three tablets every day, with about 10 tablets each time, mostly quetiapine fumarate and clozapine for the treatment of schizophrenia and sertraline hydrochloride for the treatment of depression.
On the day of admission, Li Yan had signed an informed consent form of non-convulsive electric shock.
Zhao Yang told the reporter of China Youth Daily and Zhongqing Online that after each electric shock, he was in poor physical condition, especially forgetful, and sometimes he couldn’t remember anything.
However, he always insisted that he had never been examined and was sent directly to the inpatient department of the hospital for treatment. The hospital deliberately fabricated his illness.
It is worth mentioning that Zhao Yang’s EEG topographic examination two days after admission showed that there was no abnormality in EEG and brain topographic map. However, in another examination on August 19th, the conclusion was that the borderline EEG and brain topographic map were abnormal. That is to say, after admission, Zhao Yang’s condition became more serious in the performance of EEG topographic examination.
One year after leaving the hospital, Zhao Yang went to the Fifth Affiliated Hospital of Henan University of Science and Technology for the same examination, and the conclusion was borderline EEG, not psychosis.
In the defense, Luoyang Mental Health Center explained that as a routine examination, EEG topographic examination is mostly used to judge whether there are nervous system diseases such as epilepsy and space occupation, and can not be used to judge whether there is schizophrenia. The EEG results made by Zhao Yang after discharge from hospital cannot prove that Zhao Yang was not mentally ill or did not need hospitalization on July 20th, 2015.
China Youth Daily Zhongqing Online reporter consulted experts in schizophrenia treatment and learned that the diagnostic criteria of schizophrenia are more "subjective" and more based on doctors’ professional judgment.
According to Zhao Yang’s admission record, Zhao Yang’s thinking was rambling, his logic was upside down, his concept was confused, delusion of reference was obviously killed, his auditory hallucinations could lead to him, his behavior was weird, he kept covering his nose and mouth with his hands, his attention was not concentrated, and his self-knowledge was lacking. He was initially diagnosed as schizophrenia.
Different from the routine discharge from hospital, Zhao Yang was discharged from hospital because he was beaten and injured by a nurse.
On the evening of October 14th, 2015, Zhao Yang had a verbal and physical conflict with Guan Jingdong, a nurse in the mental health center, which caused Zhao Yang to be injured. Zhao Yang recalled that because he advised his patients not to change beds, and the other room was more dangerous, the nurse beat him for no reason, resulting in minor facial injuries.
On November 30, 2015, Guan Jingdong, Zhao Yang and Li Yan reached an agreement to pay a lump sum of 7,000 yuan to Zhao Yang’s mother and son. Thereafter, neither party may claim any rights from the public administration department, the competent department and the unit employed by Guan Jingdong.
According to the agreement, because Zhao Yang interfered with the normal work of Guan Jingdong, a nurse on duty during his hospitalization, they had verbal and physical conflicts, which led to disputes between doctors and patients. After the incident, Guan Jingdong realized his recklessness, took the initiative to sincerely apologize to Zhao Yang and her mother and made an understanding.
On the same day that the agreement was signed, Zhao Yang was released from the hospital and set free. According to the Medical Records, the patient’s clinical mental symptoms have been relieved, and further treatment is still needed. The patient insisted on leaving the hospital, and after coordination with the patient’s family, he was discharged today. The discharge diagnosis was schizophrenia.
Leaving the hospital: "10 billion can’t be compensated"
After leaving the hospital, Zhao Yang reported to the Commission for Discipline Inspection of Henan universities and other departments that he was forced to be treated and suspended from school because of illness.
After that, the relevant personnel from the Foreign Languages Institute of Luoyang Normal University went to Zhao Yang’s home, hoping to help him solve practical difficulties. Zhao Yang didn’t appreciate it: "A billion dollars can’t compensate, I’d rather have my original appearance."
During the interview, Zhao Yang’s response was slow. Sometimes, like pressing the pause button, he needed to wait for a while to answer questions. He asked for two or three breaks in the middle. "I haven’t slept well for more than three years." Zhao Yang said that his health was not as good as before after he was discharged from the hospital, his memory declined, and he often suffered from insomnia.
In the recording provided by Zhao Yang, the school leaders have repeatedly admitted that Chen Guan ‘an’s practice is inappropriate and bears unshirkable responsibility. They should not let the hospital tie the students away without reporting to the leaders. The school will criticize and educate Chen Guan ‘an, and hope that Zhao Yang can continue his studies, and apologize for Zhao Yang’s absence from the school during his hospitalization.
In the transcript of the second trial, Luoyang Normal University responded that Zhao Yang had broken into the leadership office in the school many times. When the main leaders received Zhao Yang, it was entirely out of the teacher’s encouragement to the students, and the recording was secretly recorded without the teacher’s knowledge, which could not prove that the school was at fault in Zhao Yang’s prosecution case.
When the reporter of China Youth Daily and Zhongqing Online asked Yuan Caihong, the president of the Foreign Languages Institute, whether the voice in the recording was her own, she said that she could not remember clearly and didn’t know. She also said that the Foreign Languages Institute had no right to respond.
During the trial, the school lawyer believed that the school teacher only performed the management duties of the university in a responsible attitude towards Zhao Yang, but Zhao Yang showed no respect for his alma mater and teachers.
On November 23, 2017, the Luolong District People’s Court ruled in the first instance that Luoyang Normal University, in the process of student management, timely contacted the parents of students with problems and reflected the situation, which was the embodiment of the school’s responsibility for student management, and Luoyang Normal University did not participate in the plaintiff’s medical treatment, medical treatment and treatment, and there was no infringement.
The original trial held that there was no evidence to prove that Zhao had self-injury or wounding in this case, which did not belong to the situation of compulsory treatment, and Zhao Yang’s outpatient examination report concluded that he was not mentally ill. Therefore, Luoyang Mental Health Center took coercive measures against Zhao Yang, which constituted infringement.
After the judgment of the first instance, both Zhao Yang and Luoyang Mental Health Center appealed.
Luoyang Mental Health Center stated in the defense of the second trial that the doctor who diagnosed and treated Zhao Yang was a psychiatrist (deputy chief physician), and Luoyang Mental Health Center had the right to diagnose and treat Zhao Yang’s mental disorder, and the diagnosis and treatment behavior was legal and correct.
In the second trial, Zhao Yang once stated that the focus of the dispute in this case is not whether Zhao Yang has mental illness, but whether the compulsory treatment of Zhao Yang by the health center conforms to the legal provisions and the legal conditions for compulsory treatment. Whether the patient is willing to treat is the patient’s right, and others have no right to impose interference.
On May 14th, 2018, Luoyang Intermediate People’s Court ruled that the facts were unclear in the first-instance judgment, and whether Luoyang Mental Health Center and Luoyang Normal College infringed on Zhao Yang should be based on whether Luoyang Mental Health Center and its medical staff were at fault in the diagnosis and treatment activities.
Moreover, in this case, whether the Luoyang Mental Health Center and its medical staff are at fault in the diagnosis and treatment activities is a professional issue, which should be identified with reference to judicial expertise. Therefore, the original first-instance judgment was revoked and sent back for retrial.
In this regard, Zhang Xiaoli, another attorney of Zhao Yang, said that according to Article 58 of the Tort Liability Law, the hospital violated the provisions of Article 30 of the Mental Health Law, and forced treatment without Zhao Yang’s will, which can directly infer that the hospital is at fault and does not require judicial expertise.
It has been almost three years since I left the mental hospital on November 30, 2015. For three years, Zhao Yang has been arguing, but he is also worried that the media exposure will affect his life and that of his mother. I have been living at the bottom, and I know that the bottom has a misunderstanding of mental illness, and they can talk about us all their lives at will.
On October 10th, the Luolong District People’s Court held a public hearing to hear the case. Due to time, the court cross-examination procedure has not been completed, and the time for the next court session has not been determined.
On October 16, the hospital publicly responded that "the case is currently being tried according to law, and our hospital will make a fair judgment according to law."
China Youth Daily Zhongqing Online Trainee Reporter Wei Yiwen and photo source: China Youth Daily