On The Crime Of Medical Malpractice

Nowadays,with the development of Internet,more and more medical disputes are known to us.Exclude some of the incidents because the patients' family members are not satisfied with the medical results,regardless of the patient's objective physical conditions,blindly blame the hospital,there are still some incidents due to negligence of doctors,non-compliance with rules and regulations,illegal operation,resulting in serious loss consequences.In practice,when medical disputes arise,mediation is the most commonly used method to deal with them.Usually,according to the severity of patients' injuries,hospitals give the patients' families a certain amount of money to settle the disputes.However,our criminal law clearly stipulates that when the result of serious damage occurs due to doctor's negligence,the conviction and sentencing should be based on the crime of medical malpractice.In judicial practice,few doctors have been convicted of the crime of medical malpractice.There are only 112 articles on the criminal cause of the crime of medical malpractice in the Chinese Judicial Documents Network,which is directly related to the unclear provisions and boundaries of the law on the crime of medical malpractice.On one hand,there is a lack of clear and detailed judicial interpretation,such as whether the identity of medical staff only includes doctors and nurses,whether hospital logistics staff,medical institutions can constitute the subject of crime,whether the duty of care required by the perpetrator is exactly the same,and whether the standard of causing serious damage can only be serious injury or death.On the other hand,it is difficult to identify the crime.The general judges do not have medical background knowledge,and can not fully judge whether the medical staff has fulfilled their duty of care and whether they have fault.Therefore,there is insufficient understanding of the degree of illegality and the result of damage,the elements of causality determination,and excessive reliance on identification.Because of the different medical equipment and the level of identification,different appraisal institutions may have the same accident.There are different identification results.This article will discuss and analyze the above issues,hoping that through this study,we can more accurately identify the crime of medical malpractice and make the crime more comprehensive and perfect.