What is the medical malpractice prosecution period

In the case of civil medical disputes, the prosecution period is generally three years.

The general statute of limitations for prosecution stipulated in the General Provisions of the Civil Law:

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The statute of limitations for prosecution in criminal law refers to the effective period within which the judicial organs pursue the criminal responsibility of the offender in accordance with law. Within the statutory time limit, the judicial organs have the right to pursue the criminal responsibility of the offender, and beyond the statutory time limit, the criminal responsibility of the offender shall not be pursued again, except in special circumstances prescribed by law. According to Article 87 of the Criminal Law of the People's Republic of China, where the statutory maximum penalty is less than 5 years imprisonment, no prosecution shall be pursued after 5 years.

The statutory maximum penalty for the crime of medical malpractice is 3 years imprisonment, so the statute of limitations should be 5 years.

Paragraph 1 of Article 89 of the Penal Code stipulates: "The period for prosecution shall be calculated from the date of the commission of the crime. Theoretically, it is generally believed that the "date of the crime" here refers to the date on which the crime is established, and the crime of medical malpractice is a consequential crime, and the occurrence of the actual result is a necessary element of the crime, so the date of the establishment of the crime should be understood as the date of the occurrence of the criminal result.

However, there are also cases where the commission of medical negligence is not synchronized with the occurrence of the harmful result, and there is a long interval in between. For example, some patients die after receiving radiation due to the negligence of medical personnel and excessive radiation exposure; There are also patients who are hospitalized with a certain disease, which cannot be cured for a long time, and eventually die. In these cases, special attention should be paid to the establishment of the statute of limitations, which should be calculated from the date of occurrence of the adverse outcome.

Legal analysis: The statute of limitations for medical malpractice is valid for three years.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a people's court is three years. Where the law otherwise provides for poor goods, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides for other rents, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the rights holders on the basis of their applications.

The period for pursuing medical malpractice is three years. Where a party initiates a lawsuit in accordance with law within the period of validity of litigation as provided by law, the people's court shall protect it. If the statute of limitations expires, the obligor may raise a defense of non-performance of the obligation.

[Legal basis].Article 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period shall be calculated from the date on which the right holder knows or should know that the rights and interests have been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal analysis: If a medical worker is suspected of constituting a crime of medical malpractice, the prosecution period is five years.

Legal basis: Criminal Law of the People's Republic of China

Article 335: Where medical personnel cause the death of a patient or seriously harm the patient's physical health due to serious irresponsibility, they shall be sentenced to up to three years imprisonment or short-term detention.

Article 87 Crimes committed by rock seepage are not to be prosecuted after the following time periods:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years of excitation;

4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.