Medical Lawsuit: Objective the Structure of Reviewing Elements of Negligent Crime
It must be reviewed according to the elements of negligent crime, whether a medical negligence could be punished according to Criminal Law. There are in Criminal Law two types for negligence: unforeseen negligence which means “if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances,” and foreknowable negligence which means “if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.” According to the objective elements negligent crime which are the spindle in this thesis, the facts, the subsumtion of legal elements and its judgment would be analyzed. The legal logic of medical negligence at the legal practice would also be studied. By doing so, it could be systematically introduced.