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:
Medical malpractice liability dispute: 1. How to deal with medical malpractice liability disputes means that when a patient goes to a medical institution for medical treatment, due to the fault of the medical institution and its medical staff, the medical institution shall bear the liability for tort damages. (1) Liability disputes that infringe patients' informed consent rights (2) Medical product liability disputes According to the provisions of Tort Liability Law, the principle of fault liability is applied to medical damage liability, which has changed the principle of fault presumption that has been adopted for a long time in trial practice. In the nature of liability, medical damage liability is a kind of substitute liability, and medical institutions are responsible for the damage caused by their medical staff to patients. The responsibility of infringing patients' informed consent refers to that medical staff of medical institutions should explain patients' condition and medical measures in diagnosis and treatment activities, but fail to do so, or should explain medical risks and alternative medical programs to patients or their close relatives and obtain their written consent when performing surgery, special examination and special treatment, and medical institutions should be responsible for the damage caused by patients. Medical product liability refers to the tort liability of medical institutions, medical product producers and blood supply institutions for using defective drugs, disinfectants, medical devices and other medical products in the process of diagnosis and treatment, or importing unqualified blood, causing personal injury to patients. Second, the handling of medical malpractice liability disputes 1, after the occurrence of medical disputes, the head of the department and the parties should actively do a good job of explanation, so as to facilitate the timely settlement of disputes. When patients or their families can't understand or accept it, the parties concerned can voluntarily fill in the Power of Attorney for Handling Medical Disputes, which is signed by the director of the department and entrusted to the department or full-time (part-time) personnel responsible for monitoring the quality of medical services in medical institutions. 2. After receiving the report, the department or full-time (part-time) staff in charge of medical service quality monitoring of medical institutions shall immediately organize personnel to investigate and verify medical disputes, draw preliminary conclusions, seal up relevant medical records and related items at the same time, truthfully report the situation to the person in charge of medical institutions, inform and explain to their families, and organize forces to maintain work order. 3, more complex medical disputes by the person in charge of medical institutions according to the medical service quality monitoring department or full-time (part-time) staff report, put forward preliminary treatment opinions, and inform and explain to patients. 4, after the occurrence of medical disputes need to be coordinated and solved by the Municipal Health Bureau, the relevant functional departments of the hospital shall fill in the Power of Attorney for the Coordination and Handling of Medical Disputes, which shall be entrusted to the Municipal Health Bureau after being signed by the Dean or the Dean in charge, and the Medical Department of the Municipal Health Bureau shall be responsible for it.