The Legal Regulating Of The Intern Illegal Practice Medicine

The medical industry because of their high degree of professionalism and risks of medical personnel in the medical industry has more stringent professional requirements. However, training of medical personnel is a gradual process, before obtaining a formal qualification, practice is any of a qualified physician practicing physicians must go through stages. Interns work in hospital, because they did not obtain qualification, so they can’t be independent of the implementation of the medical behavior. But the intern can implement medical practice under the guidance of medical practitioner to accumulate the clinical experience.Interns’ special identity makes it unable to completely fulfill the responsibility of practicing doctor. But the identity of the interns is easily confusing, the patient can’t accurate understanding of the different between interns and medical practitioner. The damage of patients caused by the intern illegal medical practice, because of the special identity of interns, they could not be identified as either medical tort or the illegal medical practice at all. According to the law,interns may not be implemented independently of medical practice acts, all of which need to be carried out in medical practice under the guidance and supervision of a medical practitioner. Intern is a necessary stage in practicing physician training, they can engage in medical behavior under the guidance of practicing physicians and have certain professional accomplishment,but they cannot completely fulfill the obligation of medical practitioners,Once causing damage to the illegal practice,,there are two perspectives:first, in the medical damage liability sanctions; second, the illegal practice of sanctions.The Affiliated Hospital of Peking University medical malpractice cases, outside of the intern illegal medical behavior exist that mistake, as long as the intern practice caused damage happen, all identified as illegal medical practice, but that’s not true. According to clinical practice, using intern illegal medical practice as the object to discuss. After this paper expounds the general concept of medicine, mainly from the intern of illegal practice medicine responsibility identification and responsibility are two major aspects of intern in violation of medical tort law on the analysis, so as to determine the legal responsibility for intern. According to the presence or absence of medical institution authorized by the intern illegal medical practice generally have the following two cases:1. The interns medical institutions under the authorization of illegal practice medicine,2. No medical institutions authorized intern illegal practice medicine without authorization.The two bear different legal responsibility, the former is by the medical institution shall bear the liability for damages and the latter is by the intern I be liable for damages. The specific way of responsibility can fix it in accordance with the relevant laws and regulations, so as to protect the interests of the victim.The main purpose of this writing is to analyze the causes of intern phenomenon of illegal practice medicine, find out the corresponding countermeasures from the Angle of law level, standardize the intern in clinical training, gradually reduce and even eliminate the phenomenon of illegal practice medicine to happen again. To strengthen the related legal system propaganda education, improve the people’s understanding of internship training and acceptance, so as to establish a harmonious doctor-patient relationship.