1. administrative responsibility: the administrative responsibility of medical accidents is mainly manifested as administrative punishment. According to the Administrative Punishment Law of the People's Republic of China, the types of administrative punishment are: warning; Fines; Confiscation of illegal income and confiscation of illegal property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. Chapter VI of the new "Regulations" provides specific administrative punishment methods for violations of the "Regulations". 2. Civil liability: There have been different views on the nature of civil liability for medical accidents, which can be summarized into two ways, namely contractual liability and non-contractual liability. Those who advocate contractual liability believe that patients who go to the hospital for medical treatment should register first and be accepted by the hospital. Such a process is the establishment of a medical contract, in which patients pay fees as required and doctors provide medical services for patients. This is the relationship between the rights and obligations of both parties under the agreed circumstances. The doctor's duty is to provide the best medical service for patients as much as possible, and the doctor is not responsible for failing to cure patients. It is responsible for the methods he uses in the treatment process and the degree of caution in providing medical services. Therefore, if the doctor violates the duty of care and causes personal injury to the patient due to his carelessness, it means that he has violated the contractual obligation, so he should bear the liability for breach of contract. 3. Criminal liability: Article 335 of the Criminal Law stipulates the crime of medical liability accident: medical personnel who cause death or seriously damage the health of patients due to serious irresponsibility shall be sentenced to fixed-term imprisonment of not more than three years.
Legal objectivity:
The responsibility of medical malpractice includes three aspects, namely, administrative responsibility, civil responsibility and criminal responsibility. The specific provisions are as follows: 1. Administrative responsibility The administrative responsibility of medical malpractice is mainly manifested as administrative punishment. According to the Administrative Punishment Law of the People's Republic of China, the types of administrative punishment are: warning; Fines; Confiscation of illegal income and confiscation of illegal property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. Chapter VI of the new "Regulations" stipulates specific administrative punishment methods for violations of the "Regulations". Second, civil liability There have been different views on the nature of civil liability for medical accidents, which can be summarized into two ways, namely contractual liability and non-contractual liability. Those who advocate contractual liability believe that patients who go to the hospital for medical treatment should register first and be accepted by the hospital. Such a process is the establishment of a medical contract, in which patients pay fees as required and doctors provide medical services for patients. This is the relationship between the rights and obligations of both parties under the agreed circumstances. The doctor's duty is to provide the best medical service for patients as much as possible, and the doctor is not responsible for failing to cure patients. It is responsible for the methods he uses in the treatment process and the degree of caution in providing medical services. Therefore, if the doctor violates the duty of care and causes personal injury to the patient due to his carelessness, it means that he has violated the contractual obligation, so he should bear the liability for breach of contract. Many civil law countries pursue medical responsibility through contracts, such as Germany, Sweden, Austria, Greece, France, Belgium, Italy and other countries. Three. Chapter VI Criminal Responsibility Crime of Disrupting Social Management Order Section 5 Crime of endangering public health Article 335 stipulates the crime of medical malpractice: medical personnel who are seriously irresponsible and cause death or serious damage to the health of patients shall be sentenced to fixed-term imprisonment of not more than three years. This is the first time that the crime of medical malpractice has been stipulated as an independent crime in China's criminal law. Some people put forward their own views on the composition of this crime, and think: 1, "medical personnel" refers to the personnel related to medical work in the hospital, including doctors, nurses, medical logistics and administrative personnel, not just doctors and nurses. 2. "Serious irresponsibility" means that the subjective aspect of criminal behavior is due to gross negligence rather than general negligence. The so-called gross negligence means that the actor can foresee or avoid the occurrence of adverse consequences as long as he gives general attention, but the actor does not even give such general attention because of his gross negligence or carelessness. 3. The objective aspect of crime refers to the serious violation of rules and regulations and extremely irresponsible dereliction of duty by medical personnel in medical work. Speaking of which, there is a boundary between crime and non-crime. How serious "serious irresponsibility" is as a crime of medical malpractice is worth discussing in practice. 4, causing death or serious damage to the health of patients, refers to the consequences of medical malpractice crimes. There is no doubt that the patient's death was caused by. How to understand and implement the so-called "serious" when "seriously damaging the health of patients"? Some people think that it should be understood as serious injury, that is, serious injury to personal health (see article 95 of the new criminal law), and it is not appropriate to extend the crime of medical accident to minor injuries. The penalties in Chapter VI of the Regulations also stipulate some provisions that are linked with the criminal law. Article 53 stipulates that if a staff member of the administrative department of health takes advantage of his position to accept property or other benefits from others, abuses his power or neglects his duty, or finds that illegal acts are not investigated and dealt with, resulting in serious consequences, he shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of accepting bribes, abusing his power, neglecting his duty or other related crimes. Article 57 stipulates that those who take part in technical appraisal accept property or other benefits from both parties or one party and issue false appraisal certificates, thus causing serious consequences, they shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of accepting bribes. Article 59 Whoever, especially on the grounds of medical accidents, provokes troubles and robs medical records and disrupts the normal medical order of hospitals and the technical appraisal of medical accidents shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of disturbing social order; Those who are not serious enough for criminal responsibility shall be given administrative penalties for public security according to law. Most medical malpractice cases will involve civil liability for compensation, because medical malpractice will generally cause damage to patients, but the other two liabilities can only be judged by medical institutions and their related personnel in strict accordance with laws and regulations.