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非法行医中的医疗行为是指,若非由医生实施就可能引发身体健康上的危险的行为。根据这个定义,在具体判断时,对身体具有侵入性、错误实施会直接引发对身体健康的危险的行为,属于医疗行为。虽然行为没有对身体健康的危险性,但可以视为用药或治疗行为的一部分行为,也属于医疗行为。在难以区分医疗行为和健康保健行为的临界性案件当中,如果能够肯定争议行为的错误实施会剥夺患者接受恰当诊疗的机会,在这个意义上可能间接引发对身体健康的危险,就宜于认定为医疗行为。
Medical practice in unlawful practice means an act that, if not carried out by a physician, can cause a physical health hazard. According to this definition, in specific judgments, it is a medical act that is intrusive to the body and wrongly implemented and will directly cause a danger to the health of the body. Although the behavior is not dangerous to health, it can be regarded as part of the act of taking medicine or treatment and also belongs to the medical act. In critical cases where it is difficult to distinguish between medical practices and health-care behaviors, it can be appropriate to conclude that a wrongful implementation of a controversial act that would deprive patients of the opportunity to receive proper medical treatment may, in the sense, indirectly lead to a risk to health Medical behavior.