If the doctor does not come to the night shift and the patient dies, please ask what kind of legal r

1. This kind of behavior can constitute "intentional homicide".

2. The crime of intentional homicide refers to the act of intentionally and unlawfully depriving another person of his life.

1) The crime of intentional homicide is subjective, when the perpetrator has the intention to unlawfully deprive others of their lives. Intent can be either direct intent or indirect intent, and generally the subjective aspect of committing a criminal act by act is direct intent, and the subjective aspect of committing a criminal act by omission is often indirect intent. In this case, the doctor's inaction led to the child's death, which is indirect intentional homicide.

2) Acts that deprive another person of his or her life. Behavior can be a positive act or a negative omission. It can also be passive inaction.

In this case, the premise is that the doctor has a specific obligation to prevent the death of the child, and the form of this responsibility or obligation is based on the doctor's special status and position.

3) In this case, there was a causal relationship between the doctor's inaction and the outcome of the child's death.

3. Article 232 of the Criminal Law stipulates that whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Due to the serious irresponsibility of the doctor in the process of diagnosis and treatment, the death of the child's family member was violated, which constituted the crime of major medical liability accident. Not only can the case be reported to the Public Security Bureau, but also civil compensation can be claimed from the hospital where the doctor works.

Negligence causing death. Go to the Public Security Bureau to report the crime!

The determination is based on the cause of death of the deceased, and if it is a medical malpractice, the doctor is fully responsible.

Legal analysisLost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basis"Regulations on the Handling of Medical Accidents" Article 37 In the event of a medical accident dispute, if the party applies to the administrative department of health for handling, it shall submit a written application. The application shall clearly state the applicant's basic information, relevant facts, specific requests and reasons, etc. Within one year from the date on which the parties know or should know that their physical health has been harmed, they may submit an application to the health administrative department for the settlement of medical malpractice disputes.

First, it depends on whether the doctor on duty has fulfilled his due duty.

2. If the patient is an ordinary patient, that is to say, not a critical patient, a patient who does not need special care, and you do not know that he died at night or immediately went to first aid if he knew about it, then the death was not caused by your negligence, and you do not have to bear any responsibility.

3. If the patient has a serious illness that you should know or have known, but you have not taken the measures that should have been taken, or you know that the patient's condition has worsened and you have not taken the necessary measures, or you have taken improper rescue measures, you will be responsible.

Fourth, it is generally necessary to determine whether it is a medical malpractice, whether the hospital is responsible, and if so, who is responsible. to be sure.

Whether it is a medical accident or not generally needs to be identified, and if it is a medical accident, the hospital must be liable for compensation.