Some Problems On The Crime Of Medical Accident

To identify the crime of medical accident, several critical components should be commanded correctly. In the terms of crime object, based on the theory of medical practice and medical hurting practice, two critical components "seriously irresponsible" and "seriously hurting patient's health" are understood and identified. "Seriously irresponsible" refers to the practice that medical personnel violates the medical regulation and nursing convention. In the term "Seriously irresponsible", "Seriously" is redundant in the law. The thesis suggests changing "Seriously irresponsible" for "violating the medical regulation and nursing convention ". "Seriously hurting patient's health" refers to reaching degree of serious injury which is described in《Human Body Serious Enjury Judging Standard》, meanwhile, the participating of accident shall be above 60 percent. In the terms of crime subject, "medical personnel" are those who possess some degree of knowledge or educational background, pass the corresponding practical qualification test and get the national practical registration, but not including the personnel who engage in medical engineering,support services and executive management. The subjective of crime of medical accident is negligence, and medical negligence refers to that in medical exercise medical personnel should foresee their own practice which violates the regulation and nursing convention maybe cause the patient to die or seriously hurt their health, but they don't foresee all of those because of negligence, or they have foreseen those, but they believe the result can be avoided. Usually, medical personnel who possess capability of care violates the duty of care can be identified that he has medical negligence. But in special cases, such as "permittable danger","overload negligence" and "emergency" etc, medical negligence shall be identified specially.