How to determine criminal liability in medical disputes

Legal analysis: According to the provisions of Article 335 of the "Criminal Law", criminal liability in medical disputes is determined. Medical personnel who, due to serious irresponsibility, cause the death of a patient or seriously damage the health of a patient shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 55, Paragraph 1, of the "Regulations on the Handling of Medical Accidents" stipulates that if a medical accident occurs in a medical institution, the health administrative department shall give a warning according to the grade and circumstances of the medical accident; if the circumstances are serious, it shall be ordered to undergo treatment within a time limit. The business shall be suspended for rectification until the original licensing department revokes the practice license, and the responsible medical personnel shall be held criminally responsible in accordance with the provisions of the Criminal Law on the crime of medical malpractice; if it is not enough for criminal punishment, administrative sanctions or disciplinary sanctions shall be imposed in accordance with the law.

Legal basis: Article 335 of the "Criminal Law of the People's Republic of China" determines criminal liability in medical disputes. Medical personnel who, due to serious irresponsibility, cause the death of a patient or seriously damage the health of a patient shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

"Regulations on the Handling of Medical Accidents" Article 55, Paragraph 1: If a medical accident occurs in a medical institution, the health administrative department shall give a warning according to the grade and circumstances of the medical accident; if the circumstances are serious, the institution shall be ordered to suspend operations within a time limit for rectification. Until the original licensing authority revokes the practice license, the responsible medical personnel shall be held criminally responsible in accordance with the provisions of the Criminal Law on the crime of medical malpractice; if the case is not sufficient for criminal punishment, administrative sanctions or disciplinary sanctions shall be imposed in accordance with the law.