What is a medical malpractice offense? What is the crime of medical malpractice

The crime of medical malpractice is the object of the violation, the work order of the medical unit, and the citizen's right to life and health. The target of the crime is a patient whose life, health and safety are being harmed by the disease. Therefore, if the treatment measures cannot objectively control the progression of the disease, it will inevitably cause greater damage to human health due to the development of the disease, until it leads to disability, dysfunction and death. ‍‍

The formation of medical malpractice is: the doctor is the theme, the doctor is a sacred title, is the representative of saving the life and helping the wounded and the world, and then look at the modern doctor's technology is not high and very good, the doctor should learn to do a generation of learning to learn a generation, the doctor's skills are very poor as a rural general practice village doctor, stroke is a minor illness in a rural hospital, and a major illness in a city hospital. The gallstone surgery stone was not cleaned, and the incision could not be long.

**Uterine fibromatosis, the patient's uterus is removed, and the above will cost 3,000 to 5,000 yuan before the operation, which is a medical malpractice, and these diseases are treated in the best position, but no.

What's wrong with the current society, how hard it is to be a doctor, and the head is pinned to the waistband of the trousers, are there such regulations in other industries?

Putian is guilty of a lot of medical malpractice, but he can't pursue the criminal deeds of the black doctor!

What is a medical malpractice offense?

Article 335 of the Criminal Law of the People's Republic of China stipulates that medical personnel who, due to serious irresponsibility, cause the death of a patient or seriously harm the health of a patient, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

There are strict restrictions on the determination of the crime of medical malpractice: the subject of the crime is qualified to practice as a doctor.

of regular medical personnel; Subjectively, it must be grossly irresponsible. The crime of medical malpractice is a crime of negligence.

How is it determined to be grossly irresponsible?

In 2008, the Supreme People's Procuratorate.

and the Ministry of Public Security have jointly issued standards for filing criminal cases, which stipulate that medical personnel in medical malpractice crimes are "seriously irresponsible", including the following situations:

1) Leaving their duties without authorization;

The consequences of colleagues on night shift, holiday duty, second-line duty, and third-line duty off duty are very serious! In the event of a serious medical accident such as death or disability of a patient, leaving work is the first crime.

2) Refusing to provide necessary medical treatment to a person in critical need without a legitimate reason;

Regardless of whether the hospital has the ability or not, it is necessary to carry out rescue first, basic treatment such as infusion and oxygen inhalation, and at the same time, immediately ask the superior doctor or the hospital to assist.

3) Carrying out experimental experiments without approval;

This is too widespread in China, and many cellular immunity** are unauthorized. All peers conducting clinical trials should strictly follow the application procedures, and never violate the rules, otherwise what awaits you is jail.

4) Serious violations of the check or review system;

5) Using drugs, disinfectants, or medical devices that have not been approved for use;

It is estimated that many doctors trembled when they heard this, do you dare to use the new drugs brought back by patients from abroad? Do you dare to use unapproved drugs and devices? Be sure to check if there is any approval from the Food and Drug Administration first.

6) Serious violations of national laws and regulations.

and there are clear provisions'Diagnosis and treatment techniques are standardized and routine;

With the enhancement of patients' legal awareness, doctors still have to strictly follow the guidelines, norms and routines for diagnosis and treatment. Excessive**, non-standardized** may bring trouble to yourself.

7) Other situations of serious irresponsibility.

In practice, the crime of medical malpractice is not used much, one is that it is difficult to distinguish between medical malpractice and medical accident, and the medical industry is very technical, and medical risks cannot be avoided 100%. However, whether the risk falls within the permissible range has been a point of contention. If the risk exceeds a certain level, it may constitute infringement, violation of law or even crime.

Second, medical accidents are divided into liability accidents and technical accidents, and the crime of medical malpractice mainly refers to liability accidents, and its identification standards are strict. Most medical malpractice is caused by technical errors, and there are very few cases caused by subjective negligence on the part of medical personnel, and most of them do not constitute crimes.

There are certain risks in the medical industry itself, and it should not be regulated by the severe penalties of the criminal law, otherwise it will cause greater pressure on the medical industry, and it should be improved by relying on the Tort Liability Law and the Medical Malpractice Liability Law.

According to the provisions of China's Criminal Law, the crime of medical malpractice generally refers to the behavior of medical personnel who cause the death of a patient or seriously damage the health of a patient due to serious irresponsibility. The object of the crime of medical malpractice is the work order of the medical unit and the citizen's right to life and health.

The crime of medical malpractice is objectively manifested as serious irresponsibility, causing the death of the patient or seriously harming the patient's physical health.

[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, he shall be sentenced to up to three years imprisonment or short-term detention.

Criminal liability for medical malpractice: If the crime of medical malpractice is constituted, the sentence is generally up to three years imprisonment or criminal detention. The crime of medical malpractice refers to the behavior of medical personnel who cause the death of a patient or seriously damage the health of a patient due to serious irresponsibility.

The object of the crime of medical malpractice is the work order of the medical unit and the citizen's right to life and health. The target of the crime is a patient whose life, health and safety are being harmed by the disease.

[Legal basis].Article 335 of the Criminal Law of the People's Republic of China.

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