Research On The Duty Of Care In Medical Negligence Crime

The main purpose of this paper is to study the concept,origin and specific performance of the duty of care in the medical negligence crime.As an industry related human health or even life and death,medical's risk is higher than other social behaviors,which requires medical professionals to have more professional and careful duty of care for medical behavior.Both the specific duty of care for medical staff and the judgement standard of care are all related to the identification in medical negligence crime,which also is the focus of this paper.At the same time,analyze the classic case of domestic and foreign in medical negligence crime can achieve the combination of theory and practice,so can achieve the criminal law's aims of protect the legal interests of people.It is necessary to explain that the "crime of medical negligence" described in this article is actually the 335 crime of medical negligence in the criminal code,which is convenient for studying the duty of care in the negligence,and using the academic term of "medical negligence crime",please for readers understanding.Finally,the research method of this paper is mainly the empirical analysis method,hoping to provide some reference and constructive suggestions for the legal application of medical negligence crime in the case.