To Analysis The Problem Of Medical Malpractice

With the complexity of medical technology, the error of medical practice is also increasing. "Tort Liability Act" to redefine the responsibility between patients medical institutions, but also caused the academic community to re-examine the crime of medical malpractice. Although the crime of criminal law made provisions for medical malpractice, the provisions of the statement and the penalty are so simple, and then the main responsibility is not clear. Have a big difference at analysis of the crime of medical malpractice, and no unified point of view in academic now.Objective and Methods1, The medical malpractice liability from "Tort Liability Act" applied to the criminal law theories. This article try to re-establish and balance between the medical institutions, medical personnel, patients and society. 2, To borrow the concept and theory of medical up to the general theory of criminal law. This artical through a specific case to theoretical research of medical negligence and criminal responsibility, will help us to further define the medical malpractice.StructureIn this study we through a case of medical issue to analysis the relationship of medical malpractice. This article was divided into five parts: 1, Cause of the medical issue. 2, Introduction of to the case. 3, The focus of case, this controversy focused mainly on two points, those are identification fo medical staff negligence and sharing of criminal responsibility. 4, Analysising and discussing the case. 1) The definition theory of medical negligence in the crime of medical malpractice. 2) The understanding and defining of criminal respponsibiliy in medical malpractice. 3) The definition of medical institutions in constitute malpractice. 5, The conclusions and recommendations.Conclusion1, Increasing the presentation counts of the crime of medical malpractice. 2, Adding medical institutions as the main body of the crime of medical malpractice. 3, Completing the penalty configuration.