Enquiring knowledgeable people Inquisitive education Hospital Treasury

Is it illegal to see a patient without medical qualification certificate

home page

Is it illegal to see a patient without medical qualification certificate


        

Submit answer
Favorable reply
  • 2024-06-06 07:00:49

    It is illegal to see a patient without medical qualification certificate. His act is suspected of the crime of illegal practice of medicine. The crime of illegal practice of medicine refers to the illegal practice of medicine by a person who has not obtained the qualification to practice medicine. If the circumstances are serious, the perpetrator will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and will also, or will only, be fined.

    If a person who has not obtained the qualification to practise medicine illegally practices medicine, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever seriously harms the health of the person seeking medical advice shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

    (1) If the patient's personal injury is caused by illegal medical practice, the specific compensation scope of the compensation obligor for the patient suffering from personal injury: various expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutrition expenses.

    (2) If the victim's death is caused by illegal medical practice, the compensation obligor shall also compensate for the funeral expenses, the living expenses of the dependants, death compensation fees, and other reasonable expenses such as transportation expenses, accommodation expenses and loss of work delay paid by the victim's relatives for funeral matters.

    (3) In addition to the above expenses, the victim or his or her family members can also claim compensation for mental damage. The amount of compensation for mental damage shall be determined according to the following factors: the degree of fault of the infringer; Specific circumstances such as means, occasions and behavior of infringement; Consequences of infringement; The profit of the infringer; The economic capacity of the infringer to bear liability; Average living standard of the place where the court is located. Where there are explicit provisions on compensation for mental damage in laws and administrative regulations, the provisions of laws and administrative regulations shall apply.

    (4) The victim may also bring a lawsuit to the people's court again if the fixed period of care is exceeded, the period of payment for auxiliary equipment fees is exceeded, or the period of payment for disability compensation and medical expenses are insufficient, and the living expenses of the dependants need to be increased.

    (5) If the doctor is engaged in medical activities without obtaining or illegally obtaining the qualification of a doctor; Or an individual has not obtained the Practicing License of Medical Institution to start a medical institution; Or engaging in rural medical activities without obtaining a rural doctor's practice certificate, which constitutes an illegal practice of medicine by a person without obtaining a doctor's practice qualification.

    (6) If it constitutes a crime of illegal medical practice, the case shall be filed for investigation by the public security organ, prosecuted by the procuratorial organ, and tried by the people's court. At the same time, the family members of the deceased victims shall file a civil suit incidental to the criminal proceedings, claim compensation from the compensation obligor according to the items of the preceding Articles 2 and 3, and request the people's court to try at the same time.

    [Legal Basis]

    Article 336 of the Criminal Law of the People's Republic of China states that a person who has not obtained the qualification to practise medicine illegally, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever seriously harms the health of the person seeking medical advice shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

    j***

    2024-06-06 07:00:49

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):