Practicing medicine without a license, there was a medical accident that killed a child30

Agree upstairs, suspected of illegal medical practice.

The crime of illegal practice of medicine is the illegal practice of medicine by a person who has not obtained the professional qualification of a doctor, and the circumstances are serious.

Article 39 of the Law on Medical Practitioners Whoevers who opens a medical institution to practice medicine or practice medicine without approval shall be banned by the people's health administrative department at or above the county level, confiscate their illegal gains and their drugs and equipment, and impose a fine of less than 100,000 yuan; revoke the doctor's practice certificate; If damage is caused to the patient, the patient shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Paragraph 1 of Article 336 of the Criminal Law stipulates that a person who has not obtained a doctor's license to practice medicine illegally practices medicine, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given, and where the patient's death is caused, a sentence of not less than 10 years imprisonment and a concurrent fine is to be given.

Illegal practice of medicine.

A complaint should be filed with the public security organ.

It is to be punished as the crime of intentional homicide, depending on the seriousness of the circumstances and the denial of the crime.

Article 336:Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

This is an aggravating circumstance for the crime of illegal practice of medicine.

Medical institutions shall not be liable for compensation in the following circumstances: medical personnel have fulfilled their obligation to make reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying; It is limited to cases where it is difficult to diagnose and treat at the level of medical care at the time, or when other laws and regulations apply. Legal basis:

Article 1224 of the Civil Law of the People's Republic of China provides that in any of the following circumstances, the medical institution shall not be liable for compensation if the patient suffers damage in the course of diagnosis and treatment activities: (1) the patient or his close relatives do not cooperate with the medical institution in carrying out diagnosis and treatment that meets the diagnosis and treatment standards; (2) Medical personnel have fulfilled their obligation to make reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying; (3) Limited to the level of medical care at that time, it is difficult to diagnose and treat. In the circumstances of item (1) of the preceding paragraph, where medical establishments or their medical personnel are also at fault, they shall bear the corresponding liability for compensation.

Legal basis:Article 1224 of the Civil Code of the People's Republic of China [Exemption from Liability by Medical Establishments] In any of the following circumstances, the medical institution shall not be liable for compensation if the patient suffers damage in the course of diagnosis and treatment activities: (1) The patient or his close relatives do not cooperate with the medical institution in carrying out diagnosis and treatment that meets the diagnosis and treatment standards; (2) Medical personnel have fulfilled their obligation to make reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying; (3) It is difficult to diagnose and treat due to the level of medical care at the time.

In the circumstances of item (1) of the preceding paragraph, where the medical institution or its medical personnel are also at fault, they shall bear the corresponding liability for compensation.

Problem Analysis: Hello: If it is not a medical malpractice caused by medical behavior, the doctor is not responsible for precession, and the identification elements of medical malpractice are accidents and errors that occur in the medical process.

Suggestions: Judging from the situation you described, the specific cause of death should be clarified, if it is not caused by the diagnosis and treatment, the doctor and the hospital should not be responsible, and the lead skin can consult the medical appraisal committee and other relevant institutions.