Crime, refers to the medical staff as a result of serious irresponsible, resulting in death or serious damage to the health of the patient.



(two) characteristics of

1, the violation of the object is the normal state of the medical order, that is, the state of health care management activities of the normal state and citizens' health, the right to life.

2, the objective aspect of the performance is a serious irresponsible, resulting in death or serious damage to medical staff and health. Serious irresponsible, is refers to the medical personnel in the process of treatment and care, in violation of rules and regulations and diagnostic and treatment routine, do not perform or do not correctly perform diagnostic and therapeutic care duties, careless, sloppy. Its behavior can be either as or not as.

3, the subject of crime must be medical personnel directly engaged in medical care personnel affairs, including the state, collective medical doctors and nurses, pharmacists, and approved by the competent authorities opened individual medical personnel.

4, the subjective aspect is negligence.



(three) identification of

1, correctly draw the boundaries of medical malpractice and medical accident crime. Liability accident refers to the accident caused by the medical staff in violation of rules and regulations, medical care routine and other dereliction of duty. Technical accident is generally refers to the medical personnel because of the technical level is not high, the lack of clinical experience and technical mistakes caused by the accident, not because of a serious accident caused by irresponsible. So it should not be identified as the crime of medical malpractice.

2, correctly distinguish the boundaries of the crime of medical accident and medical accident. A medical accident is an accident that causes the medical staff to die or seriously harm the health of the doctor because of the reason that the medical staff can not be foreseen or can not resist. Because the actor has no subjective fault, it can not be identified as the crime.