Huang Hui-fu Case

Huang Hui-fu Case

Through the efforts of the pro bono defense counsel, three medical evaluations from National Taiwan University Hospital, Tri-Service General Hospital, and Taipei Veterans General Hospital were introduced as new evidence, finally leading to the reopening of the trial in 2018 and an acquittal on December 19, 2019.

Chronology of the Dr. Huang Hui-fu Case
Date Event
August 7, 2008 Dr. Huang Hui-fu performed a fasciotomy on the right leg of a patient suffering from "simple compartment syndrome" due to a traffic accident. On the 5th day post-surgery, the patient voluntarily transferred to another hospital, where it was discovered that the right lower leg was necrotic due to vascular occlusion, necessitating an amputation. The patient's family filed a criminal complaint against Dr. Huang Hui-fu.
January 27, 2014
First-instance Judgment
The first-instance judge held that X-ray examinations showed no dislocation, and there was no evidence proving that symptoms such as right knee dislocation, displacement, and compression of the popliteal artery existed at the time of the transfer. According to nursing records, the patient's blood circulation showed no abnormalities during hospitalization; Dr. Huang Hui-fu's failure to perform an angiogram did not constitute negligence; and the medical team did indeed care for and observe the patient's blood circulation status post-surgery. Therefore, it was determined that Dr. Huang Hui-fu committed no medical negligence and he was acquitted.
October 7, 2014
Final Second-instance Judgment
Although expert opinions indicated that Dr. Huang Hui-fu's diagnosis and surgery involved no negligence, the second-instance judges speculated on their own that the patient's amputation resulted from tissue necrosis, from which it could be inferred that symptoms such as dislocation and compression of the popliteal artery had already occurred prior to the transfer. They also held that Dr. Huang Hui-fu only visited the patient's room the day after surgery, and the medical records failed to document the patient's blood circulation status, which violated medical practice standards. Consequently, the judgment was overturned to a conviction of professional negligence resulting in grievous bodily harm, sentencing him to four months' imprisonment.
July 28, 2017 The Grand Justices rendered Judicial Yuan Interpretation No. 752, declaring that Article 376 of the Code of Criminal Procedure—which prohibited appeals to the third instance for cases where a first-instance acquittal was reversed to a conviction in the second instance—was unconstitutional.
November 7, 2017 The Legislative Yuan amended Article 376 of the Code of Criminal Procedure, but the new law took effect upon promulgation without establishing a transitional period.
December 19, 2019 Judgment on retrial; the appeal was dismissed, upholding the first-instance acquittal.
March 10, 2020 The Taiwan High Court rendered a criminal compensation decision.
02Jan.
2020

Expert Witness Cross-Examination: Never Another Huang Hui-fu

Lin Chun-hung / Convener of the Rescue Division, Judicial Reform Foundation

The year 2014 was unforgettable for Dr. Huang Hui-fu. After a four-year trial, the district court finally acquitted him…

20Dec.
2019

Huang Hui-fu: Cleansing the Judicial Stain on the Physician's White Coat

Huang Hui-fu / Attending Physician, Department of Plastic Surgery, National Taiwan University Hospital

Yesterday morning, the Taiwan High Court delivered its retrial verdict, dismissing the original first-instance…

19Dec.
2019

How a Physician Saving Lives Can Save Themselves on the Scales of Justice: Press Conference on the Retrial Verdict of Dr. Huang Hui-fu's Case of Professional Negligence Resulting in Severe Injury

Judicial Reform Foundation

Today (Dec 19), the Criminal Division of the Taiwan High Court delivered its retrial verdict in the medical dispute…

17May.
2018

Remedies Must Not Be Denied, Reputation Cannot Be Insulted

Chan I-hao / Attorney-at-Law

Last year, the Grand Justices rendered Judicial Yuan Interpretation No. 752, declaring Article 376 of the Code of…

03May.
2018

Doctors Who Save Lives Should Not Be Criminals

Huang Hui-fu / Physician

Last year, after Judicial Yuan Interpretation No. 752 declared unconstitutional the provision prohibiting defendants of…

22Mar.
2018

Renowned Physician Who Saved Lives But Cannot Save Himself: Press Conference on Promoting Legal Amendments for 'Acquittals Overturned to Convictions Without the Right to Appeal'

Judicial Reform Foundation

Following last year's legal amendments, many citizens whose right to appeal was stripped away have successively…