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A court in east China has upheld the five-year and six-year jail terms for two unqualified surgeons whose malpractice resulted in the surgical removal of the eyes of nine patients.

Judges at Suzhou Intermediate People's Court, in Anhui Province, issued a final ruling that the two brothers were rightly convicted of illegally practicing medicine and should serve their complete jail terms.

The higher court upheld a guilty verdict handed down to Sui Guirong and Sui Guoliang, both from Shanghai, at a preliminary trial at Yongqiao District Court, in Suzhou City, in November last year.

In the initial trial it was revealed that the brothers took medical equipment to Suzhou City Hospital where they repeatedly performed ultrasonic emulsification surgery on cataract patients in collusion with Xu Qing, an ophthalmologist at the No. 9 People's Hospital affiliated with the Medical School of Jiaotong University, in Shanghai.

The problems began on Dec. 11, 2005, when they operated on 10 patients at Suzhou City Hospital. Xu acted as chief surgeon, while Sui Guorong was responsible for applying the treatment materials to the patients, and Sui Guoliang operated the ultrasonic emulsification apparatus.

Nine of the patients who had the surgery that day were infected with the bacillus pyocyaneus, which eventually led to the complete loss of their eyes, the lower court heard.

The cause of the infection is still unknown.

The judges at Yongqiao District Court said that despite holding no licenses to practice medicine, the brothers organized others to carry out ultrasonic emulsification surgery for cataract patients in cooperation with hospitals, including the Suzhou City Hospital, and participated in the surgeries.

The Sui brothers were found guilty of illegally practicing medicine, which damaged the health of the patients. Sui Guorong was sentenced to six years in jail and fined 300,000 yuan (US$38,217). Sui Guoliang was sentenced to five years in jail and fined 200,000 yuan (US$25,478).

The brothers appealed their cases shortly after the trial. Suzhou Intermediate People's Court rejected their appeal, saying the Yongqiao District Court made an appropriate punishment against them and the ruling from first trial should be upheld.

Ophthalmologist Xu Qing had his license revoked pending a separate trial.

China's Health Ministry prohibits public hospitals from participating in commercial cooperation such as renting out their medical departments. Additionally, doctors are banned from practicing medicine in a new location without re-registering.

(Xinhua News Agency March 20, 2007)