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医疗是一种伴随着危险的职业行为,医疗过失增加了医疗的风险,给患者的生命和健康带来新的威胁。在我国,医疗过失不仅是民事责任、行政责任的根据,而且可以成为刑事处罚的对象。根据《中华人民共和国刑法》(以下简称《刑法》)第335条的规定,对严重不负责任造成患者死伤的医务人员,可以以医疗事故罪来追究其刑事责任。这一规定表明,首先,只要没有发生重大结果,无论争议行为本身多么恶劣,都不会构成犯罪;其次,只要争议行为中没有表现出医务人员的严重不负责任,即使争议行为中
Medical treatment is a hazardous professional behavior. Medical negligence increases the risk of medical treatment, posing a new threat to the life and health of patients. In our country, medical negligence is not only the basis of civil liability and administrative responsibility, but also the object of criminal punishment. According to Article 335 of the Criminal Law of the People’s Republic of China (hereinafter referred to as the “Criminal Law”), a medical staff member who seriously and irresponsibly caused death or injury of a patient may be investigated for criminal responsibility by medical malpractice. This provision shows that, first, as long as no major result has occurred, no matter how bad the dispute itself is, it will not constitute a crime. Second, as long as there is no serious irresponsibility on the part of the medical staff in the controversial act,