The formation and existence of clinical medical risk are determined by the various contradictions faced by clinical diagnosis and treatment.The criminal legislation of medical malpractice crime reflects the legislative response to medical risk from the constitutive elements and penalty setting.The determination of the crime of medical malpractice should adhere to the concept of reasonable distribution of medical risks,accurately understand the meaning of"serious irresponsibility"in the crime,and reasonably control the requirements of the degree of liability or participation of the crime.
medical riskcrime of medical malpracticeserious irresponsibilitydegree of responsibility
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