The rumor that "obstetricians and gynecologists saved their lives on the train but became defendants" refers to the Criminal Law and the Regulations on Handling Medical Accidents. What points are inco

The rumor that "obstetricians and gynecologists saved their lives on the train but became defendants" refers to the Criminal Law and the Regulations on Handling Medical Accidents. What points are inconsistent with national laws and regulations? According to Article 336 of the Criminal Law, the crime of illegal medical practice refers to the illegal medical practice of people who have not obtained the qualification of doctors. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

(a) serious refers to:

(1) causes patients with mild disability, and organ and tissue damage leads to systemic dysfunction.

(2) Causing or threatening the spread and prevalence of Class A infectious diseases;

(three) the use of counterfeit drugs, inferior drugs or sanitary materials and medical devices that do not meet the standards prescribed by the state, which is enough to seriously endanger human health;

(4) Illegally practicing medicine after being punished twice by the administrative department of health;

(five) other serious circumstances.

Those who seriously damage the health of patients and lead to the death of patients belong to the situation where severe legal punishment is applicable.

Main elements of this crime

(1) Not qualified as a doctor or engaged in medical activities by illegal means;

(2) the individual has not obtained the "Practice License for Medical Institutions" to start a medical institution;

(three) engaged in medical activities during the period when the doctor's practice certificate was revoked according to law;

(four) engaged in rural medical activities without obtaining the practice certificate of rural doctors;

(5) Family midwives perform medical behaviors other than home delivery.

Subjective elements of this crime

Subjectively, this crime is intentional. In the result of causing casualties of patients, the actor committed indirect intention rather than professional negligence. Because, as far as cognitive factors are concerned, the actor realizes that he lacks medical skills and the ability to control the development of the disease, and that if he does not get effective and timely treatment, the patient will be disabled until he dies, so it is not a fault; In terms of will, the patient's disability and death are ignored and allowed to indulge.