Study on Judicial Determination of Crime of Medical Malpractice

Abstract

The thesis combines law theories and clinical practices and studies judicial constitution of crime of medical malpractice by analyzing constitution of crime of medical malpractice, differentiating crime and non-crime of medical malpractice and crime and similar crime of medical malpractice, which has significant guiding function for judicial practice. People pay more and more attention to the health and have higher and higher requirements for safety and quality of medical service with development and progress of society. But the adverse medical incidents cannot be completely avoided for the complexity, high risk and unpredictability of medical industry [2]. Most of the medical incidents are determined as medical malpractices. Judicial determination of crime of medical malpractice directly affects the disposal and determination of medical disputes, which is vital to normalize the behaviors of medical staff. Crime constitution is the legal basis to determine the crime. When executing judicial determination for crime of medical malpractice, it is required to check whether the behavior conform to constitutive requirements of the crime. The thesis analyzes and explores the judicial determination for crime of medical malpractice by combining clinical practices.