Early reports indicate that last year, a man named Ma from Nanning died during a wellness treatment at a health center where he received gua sha (scraping therapy), massage, and bloodletting for foot pain. Ma’s family has since filed a lawsuit against the health center, seeking over 960,000 yuan in compensation. The case was heard in the Jiangnan District Court of Nanning on April 14.
Gua Sha. Image from the internet
1
Family:
There is a causal relationship between the treatment and the death
Ma’s family claims that—
1
On August 25, 2016
Ma visited a wellness center in the Pineapple Ridge area of Jiangnan District, Nanning, where the operator Zhao performed gua sha, heated massage, and electrotherapy.
2
On September 3, 2016
Ma checked into the wellness center.
3
On September 4, 2016
On the afternoon of the 4th, around 2 PM, Zhao performed bloodletting on Ma, and around 5 PM began gua sha using medicated oil, then wrapped Ma’s hands and chest with plastic film while applying heat with an electric blanket and two lamps until about 10 PM.
At this point, Ma began to feel unwell, experiencingconvulsions and difficulty breathing. Concerned, his family repeatedly asked Zhao if they should take Ma to the hospital, but Zhao insisted that they should have confidence in the treatment.
4
On September 5, 2016
At around 1 AM on September 5, Ma stopped breathing.
Ma’s family believes that—
The hospital’s diagnosis indicated that Ma had minor issues in his brain, but these would not lead to intracranial bleeding and death; rather, it was the continuous gua sha and heated treatments that caused the intracranial bleeding; Zhao clearly saw that Ma had an open wound and was experiencing dizziness and confusion, yet continued with gua sha and bloodletting,which is causally related to Ma’s death.
The wellness center’s business license only covers foot baths and massages, and the treatments clearly exceeded this scope; moreover, when Ma exhibited symptoms of discomfort, Zhao did not take him for medical treatment. Therefore, Zhao should bear full responsibility for Ma’s death.
Ma’s family is seeking compensation for death, emotional distress, and other losses totaling over 960,000 yuan.
2
Wellness Center:
The deceased’s major brain disease is the primary cause of death
During the trial, the cause of Ma’s death became a focal point of contention. The Guangxi Jinguai Judicial Appraisal Center provided an appraisal stating that Ma died from central nervous system vasculitis combined with intracranial bleeding, with thermal injury playing a contributory role.
Image from the internet
The defense for the wellness center argued—
First, Ma had a significant brain disease that he did not disclose when he came for treatment, and Zhao had asked Ma and his family, but they did not inform him, which constitutes a major fault on their part.
Second, during the entire treatment process, several of Ma’s family members were present; if they believed there was an issue with the treatment, they could have called 120, but they did not stop or report it; at the time of the incident, Zhao also fulfilled his duty to assist.
Additionally, the wellness center is merely a treatment center and not a medical institution, thus does not require a practice license, and there is no issue of illegal medical practice.
For Zhao and the wellness center, Ma’s death was unforeseeable, and Zhao did not act negligently.
Therefore, Ma’s death should be the responsibility of himself and his family, and Zhao should not bear any compensation liability.
3
Appraiser:
Thermal injury has an indirect causal relationship with brain hemorrhage
In court, the appraiser from the Guangxi Jinguai Judicial Appraisal Center, Professor Hou Bihai, was questioned.
Hou Bihai stated—
In cases where there are vascular lesions in the brain, thermal injury can trigger intracranial bleeding, or if there is already bleeding, thermal injury can exacerbate it.
In this case, the initial cause was the deceased’s brain lesions, therefore the primary cause of the bleeding was the vascular lesions in the brain, and there exists an indirect causal relationship between thermal injury and bleeding.
Hou Bihai noted that in the cases he has encountered, deaths resulting from wellness treatments are not uncommon. In these cases, individuals often undergo treatments while in poor health or with low bodily function, leading to various side effects. For example, some have experienced lung rupture from acupuncture due to pre-existing emphysema.
Acupuncture. Image from the internet
After the trial, the judge announced that a verdict would be delivered on a later date.
4
Expert Opinion:
TCM treatments must be tailored to the individual
“Each person’s constitution is different, and TCM treatments must be tailored accordingly.” Wang Mingjie, Deputy Director of the Orthopedics Department at the First Affiliated Hospital of Guangxi University of Traditional Chinese Medicine, explained—
The effects of gua sha are not as good as imagined; it can be done occasionally, but should not be done frequently,as it actually causes chronic repetitive damage to the skin.If there are clotting disorders or chronic diseases, or if the constitution is already weak, gua sha may lead to shock.
Gua sha and cupping are among the least technical therapies in TCM, but they still require a certain level of skill. If a patient experiences dizziness, cold sweats, palpitations, or nausea, they should not continue; they should lie down, drink some warm water, and rest.
Cupping. Image from the internet
Dr. Qiu Quan, Director of the Health Check Center at the First Affiliated Hospital of Guangxi University of Traditional Chinese Medicine, reminds—
Gua sha promotes blood circulation and is indeed useful for those with damp-heat constitution or external heat toxin, but it is not suitable for patients with heart disease or hypertension. Additionally, individuals with qi deficiency or blood deficiency should avoid gua sha, and ordinary people feeling fatigued or weak should also refrain from it.
Bloodletting therapy is used to release damp-heat and is suitable for certain stasis conditions. Bloodletting is an invasive therapy that must be strictly controlled, and only qualified medical practitioners should perform it. Many employees at wellness centers lack medical knowledge and hygiene awareness, which may lead to the reuse of needles and disease transmission. Citizens must enhance their self-protection awareness.
Massage may seem harmless, but manipulations of the cervical and lumbar vertebrae should only be performed by qualified professionals. A few years ago, a beauty salon in Guangxi had a case where a customer died on the spot after having their cervical vertebrae manipulated. Heated massage may be appropriate for cold constitutions, but not for hot constitutions. TCM emphasizes using hot remedies for cold diseases and cold remedies for hot diseases.
Massage. Image from the internet
In fact, I, along with many friends, occasionally seek out cupping, massage, and other wellness treatments. After reading this case, I have gained a lot of knowledge~ How much do you know about wellness treatments? Let’s do a little survey↓↓
Source: Nanguo Morning Post, reporters Peng Ningli and Jiang Xiaomei, correspondent Zhang Jing
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