Medical Malpractice Research

Since the reform and opening up,with the continuous development of medical technology,there have been more and more cases of medical disputes,including criminal cases.Article 335 of the Criminal Law of China in 1997 stipulates the crime of medical malpractice: “Medical personnel are imprisoned or detained for not more than three years because of serious irresponsibility,which causes the death of the patient or seriously impairs the physical health of the patient.” Newer crimes,the theory of the crime of medical malpractice is not yet mature,there are still many gaps in the application of justice.In terms of legislation,compared with other countries,the penalty allocation for medical malpractice in China is characterized by a single type of penalty and an excessively low legal scale.In judicial practice,such as the scope of the subject of the crime of medical malpractice,the definition of the subject,the meaning of serious irresponsibility,the standard of serious damage to the health of the patient,the judgment of complex causation,the distinction between sin and non-crime,the crime,and the crime Differences,identification of medical accidents and other controversial issues have not been well resolved.To solve these problems,it is necessary to further standardize the subject of responsibility for medical malpractice,to improve the judicial interpretation of the crime of medical malpractice,to strengthen the guidance on the case of malpractice,to optimize the allocation of penalties for medical malpractice,and to improve the relevant judicial appraisal system for medical malpractice,based on the combination of theory and practice.To clarify the application of judicial review of medical accident identification.