Research On Liang's Medical Malpractice Cas

In recent years,medical technology has developed rapidly,and medical activities have become increasingly diversified.On the one hand,it has solved people ’s treatment needs and improved the quality of life.On the other hand,medical activities have a series of characteristics such as professionalism,danger and complexity.Problems in medical activities often have serious damage consequences for patients and their families,which may affect them in the long run.Based on the case of ’ Liang ’s medical accident crime,analyzes the constituent elements of the crime of medical malpractice,the crime of illegal medical practice and the crime of negligent death,analyzes the identification standard of medical negligence and the identification of causality.In view of the confusion between the crime of medical accident and other charges in judicial practice,it is necessary to clarify the constitutive elements of different charges.Secondly,on the issue of whether medical behavior can be medical negligence,it analyzes the concept and types,compares the standards of medical negligence at home and abroad,and proposes to combine the general objective standards and specific standards to determine whether the medical staff violates the corresponding duty of care.Finally,for the identification of causality,discusses the different theories of causality,proposed not only by medical damage identification causality,to consider the evidence and different factors.The content and form of medical damage identification also need to be improved.The identification of the crime of medical malpractice needs to conform to the law of our country first,and also needs to conform to the actual situation in judicial practice,refer to the experience at home and abroad.Only in this way can we unify the applicable standards of the law,achieve fairness and justice,and maintain a stable order in China ’s medical field.