Application of the Law in Combination of Medical Care Act and Criminal Law
Medical behavior has its own particularity. Compared with non-medical criminal cases, medical criminal cases should have their special legal application process. Medical care has its limits, and medical personnel may assume legal responsibility only within the scope of “medical obligations” derived from the Medical Care Act. In the field of medical criminal law, whether medical personnel should be held criminally liable for their medical behaviors when their actions or omissions result in the infringement of patients’ life and body legal interests, the medical personnel “has violated the medically necessary duty of care and exceed reasonable clinical professional discretion”, that is, failure to fulfill “medical obligations” is a prerequisite. In this way, it can be seen how the judgment criteria of death and injury caused by negligence of the medical personnel in the medical business is different from the non-medical personnel.