Research On Difficult Problems In Actual Cases Of Crime Of Medical Accident

Doctors are benevolent.It is the duty of every medical worker to remove the pain,save the life and help the wounded.However,with the rapid development of society,doctors have gradually become high-risk professions,and more and more disputes between patients and doctors.Whether or not medical malpractice should be adjusted by criminal law and how to adjust it has been a question to be answered.In 1997,the crime of medical malpractice was first written into the Criminal Code as a crime endangering public health in China,and this problem has been answered.At the same time,it also fills some gaps in the original criminal legislation,which further guarantees the uniformity of the application of criminal law.Correct understanding of the crime of medical malpractice is very helpful to improve the medical and health management system,improve the level of medical service,prevent the occurrence of medical malpractice,maintain the good image of doctors among the people,and better protect people's life and health.This paper is mainly divided into three parts.The first part is the fault identification of the crime of medical malpractice.This paper is mainly divided into four parts.The first part mainly introduces the basic situation of the crime of medical malpractice.Firstly,it briefly introduces the meaning of the crime of medical malpractice;Secondly,it introduces the criminal characteristics of the crime of medical malpractice;Thirdly,To sort out foreign legislation on medical malpractice;Finally,it discusses the necessity of the crime of medical malpractice being singled out in the criminal code.The second part mainly focuses on the problem of fault identification of the crime of medical malpractice.Firstly,the controversial focus of the case is brought out through disputed cases,that is,disputes over the criteria for determining negligence;secondly,through the description of the theory of medical negligence in the crime of medical malpractice,combined with the theoretical analysis of the degree of subjective negligence of doctor C in the case;thirdly,through the discussion of the theory of medical management negligence and allowable danger,put forward my own views.Finally,through the above discussion,the case is dealt with.Make a general evaluation.The third part mainly discusses the causal relationship of medical malpractice crime.Firstly,the controversial focus of the case is brought out through the controversial cases,that is,the controversy over the criteria for determining causality;secondly,through the description of different theoretical viewpoints on causality of medical malpractice crime,combining with the theory of the case,it is analyzed whether there is causality in criminal law between doctor B's diagnostic behavior and harmful consequences;thirdly,by discussing the degree of injury participation and causality in epidemiology,put forward my own views,and finally,through the above discussion,make the overall evaluation of the case.The fourth part cognizes the crime of medical malpractice as"serious damage to the physical health of the patient".Firstly,the controversial focus of the case is brought out through the disputed cases,that is,the controversy over the standard of identification of "serious damage to the physical health of the patient".Secondly,through the description of different theoretical viewpoints on the standard of identification of "serious damage to the physical health of the patient" in the crime of medical malpractice,combining with the theoretical analysis of whether AIDS in the case belongs to "serious damage to the physical health of the patient".Finally,through the above analysis,the author points out that AIDS in the case belongs Discuss and comment on the case as a whole.