Generally, after the occurrence of medical malpractice, if the person involved is killed or seriously injured, it may constitute the crime of medical malpracticeSo, how should the crime of medical malpractice be determined?
Netizen consultation:
How is the crime of medical liability malpractice determined
Lawyer answers:
The crime of medical malpractice is found as follows:
1) Subject matter elements. The object of this crime is the order of work in medical units and the right to life and health of citizens. The target of the crime is a patient whose life, health and safety are being harmed by the disease.
2) Objective elements. This crime is objectively manifested as an act of serious irresponsibility, causing the death of the patient or seriously harming the patient's physical health. The result of serious irresponsible behavior resulting in serious damage to the patient's physical health or death, and there must be a criminal law causal relationship between the serious irresponsible behavior and the serious injury or death of the patient.
3) Subject Elements. The subject of this crime is a special subject, and is a medical personnel who have reached the age of criminal responsibility and have the capacity for criminal responsibility to carry out illegal medical acts.
4) Subjective elements. This crime is manifested in subjective negligence, that is, the perpetrator subjectively has major professional negligence on the part of the patient.
Lawyer adds:
The degree of liability for medical negligence in medical malpractice is divided into:
1) Full liability refers to the fact that the harmful consequences of medical malpractice are caused entirely by medical negligence.
2) Primary liability, refers to the fact that the harmful consequences of medical malpractice are mainly caused by medical negligence, and other factors play a secondary role.
3) Secondary liability refers to the fact that the harmful consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role.
4) Slight liability refers to the fact that the vast majority of the harmful consequences of medical malpractice are caused by other factors, and medical negligence plays a minor role.
Laws and Regulations] Article 335 of the Criminal Law.
Where medical personnel cause the death of a patient or seriously harm the patient's physical health due to serious irresponsibility, they are to be sentenced to up to three years imprisonment or short-term detention.
Profile of lawyer Zeng Jianling
Lawyer Zeng Jianling is a practicing lawyer at Guangdong Jiehai Law Firm. With nearly 7 years of experience in the legal industry, he is professional, efficient and practical to help clients solve difficulties.