医疗事故罪若干问题探析

医疗事故罪的主体限于医务人员 ,医疗单位中从事行政管理、后勤服务等非医疗工作的人员不能成为本罪主体。医务人员私自行医造成严重后果的 ,应以非法行医罪论处。医疗事故罪的处罚范围限于责任事故。“严重损害就诊人身体健康”的界定 ,应当以卫生部门制定的医疗事故分级标准为基础 ,兼顾司法机关制定的人体伤害鉴定标准

Analyzing Several Problems on the Crime of Medical Accident

The subject of crime in a medical accident is limited to the medical worker not including the non-medical workers such as the personnel who engage in administrative management and logistic services. The medical workers should commit the crime of illegal medical practice if they produce serious medical accidents during private medical practice. The range of punishment for this crime is within liability accident. To determine "severe harm to the health of the person seeking for medical service", we should follow the classification standards drawn by national medical department, and give attention to the standards of appraisement for a person's physical injuries drawn by the judicial organs.