How to determine criminal liability for medical disputes

Identification of criminal liability in medical disputes: 1. The object of this crime is the normal medical order of the country and the rights to life and health of the patients. 2. The objective aspect of this crime is serious irresponsibility, resulting in the death of the patient or seriously damaging his or her health. 3. The subject of this crime is the same as the subject of medical accident. 4. The subjective aspect of this crime must be due to negligence.

Legal Basis

Full Text of "Interim Measures for Technical Appraisal of Medical Accidents"

Article 11 If the negotiation to resolve a medical accident dispute involves multiple medical institutions, the All the medical institutions involved and the patient *** jointly entrust the medical association responsible for organizing the first technical appraisal of medical accidents in the location of any of the medical institutions to conduct the technical appraisal of medical accidents. If a medical malpractice dispute involves multiple medical institutions, and the party concerned applies for handling by the health administrative department, he or she may only submit an application for handling to the health administrative department where one of the medical institutions is located.