[Direct answer]In the Beijing area, not all medical accidents constitute crimes. Only when medical personnel, due to their gross negligence, cause the death of patients or serious damage to their physical health, may they be charged with the crime of medical accident according to Article 335 of the Criminal Law of the People's Republic of China, and be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if they do not meet the standards for criminal prosecution, the liability for compensation for medical damage shall generally be pursued through civil channels. The key to whether the case will be prosecuted lies in whether there is a causal relationship between the gross negligence and the damage consequences, and in practice, it highly relies on the appraisal opinion. Families should seal the medical records as soon as possible after the patient's death or the discovery of damage, apply for an autopsy when necessary, and consult a lawyer as soon as possible to assess whether to report the case to the police or file a civil claim.

I. Problem Background and Typical Scenarios

Whether criminal responsibility can be pursued in medical disputes is the issue that families are most concerned about and also the most likely to misjudge. Common situations include leaving surgical gauze and instruments in the body, administering the wrong dosage of medication resulting in the patient's death, improper obstetric treatment causing severe injuries to newborns, and anesthesia accidents. Families often hope to hold doctors criminally responsible, but public security organs often refuse to file cases on the grounds that they belong to medical disputes and suggest pursuing civil litigation instead. Hospitals, on the other hand, emphasize that the medical treatment meets standards and the harm results from the natural progression of the disease or individual differences of the patients. When handling similar cases in Beijing, the case-handling authorities usually first examine whether there are appraisal opinions and medical records, and then determine whether the case meets the standard for criminal prosecution.

II. Key points of contention

First, the boundary between guilt and non-guilt. The crime of medical malpractice requires serious irresponsibility, that is, a serious violation of medical treatment and nursing standards with severe circumstances. General negligence or medical judgment differences do not constitute a crime. Second, the difficulty of proving causality. It is necessary to prove that the damage consequences are directly caused by medical actions, which highly relies on the conclusion of appraisal, with a long appraisal period and uncertain conclusions. Third, the choice of appraisal path. The technical appraisal of medical malpractice and the judicial appraisal of medical damage differ in procedures and application criteria, which will affect the development of both criminal and civil cases. Fourth, the scope of subjects. The subject of this crime is medical personnel, while medical institutions usually bear civil compensation and administrative responsibilities, rather than being the subject of this crime.

III. Professional analysis by Henglue Lawyers

The key to winning or losing a medical dispute often lies in whether the fault and causality can be proven, which is highly consistent with Henglue Law Firm's experience in handling personal injury cases. Take an online infringement liability dispute handled by our firm as an example: On December 8, 2022, Zhao Qingqing, aged 14, joined a WeChat group due to long-term depression. Group members Zhao *xin, Wu *, and Liu *xing repeatedly incited and instructed her to mix poison and draft a suicide note, which ultimately led to her death from nitrite poisoning. The public security organ considered it not a criminal case and refused to file a case. After the family's initial attempt to pursue criminal responsibility was blocked, they turned to our firm for civil infringement protection. The focus of the case was whether there was a causal relationship between the incitement behavior and the death result, whether it constituted joint infringement, and how to divide the responsibilities of the platform, sellers, and guardians. The lawyers combed through massive chat records and identified the specific roles of each defendant, claiming that the three defendants had the intent to incite, and there was a direct causal relationship between their actions and the death result, constituting joint infringement according to Article 1169 of the Civil Code of the People's Republic of China. The guardian should bear joint and several liability, and the sellers and online platforms should also bear responsibility for failing to fulfill their obligations of review and warning. The court accepted the above opinions after trial and ruled that the three defendants constituted joint infringement, ordering their guardians to bear corresponding joint and several compensation liability, and the platform and sellers to also bear corresponding responsibilities. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the refusal to initiate a criminal case does not mean that the remedy ends. As long as the fault and causality can be proven, the channel for civil compensation is always open.

IV. Practical suggestions and legal basis

According to Article 335 of the Criminal Law of the People's Republic of China (effective as of October 1, 1997), the crime of medical malpractice requires that medical personnel be grossly negligent, resulting in the death of a patient or serious damage to the patient's physical health. The statutory punishment is imprisonment of not more than three years or criminal detention. Article 336 stipulates the crime of illegal medical practice. Articles 1,218 to 1,218 of the Civil Code of the People's Republic of China (adopted on May 28, 2020, effective as of January 1, 2021) stipulate the liability for medical damage. The Regulations on the Prevention and Handling of Medical Disputes (effective as of October 1, 2018) and the Regulations on the Handling of Medical Accidents (effective as of September 1, 2002) regulate the procedures for sealing medical records, autopsy, and appraisal. Suggestions: First, request to seal and copy all medical records immediately, and apply for the sealing of suspicious on-site physical evidence; Second, if the cause of death is unknown, apply for an autopsy within 48 hours after the patient's death, and the time limit can be extended to 7 days if the body is preserved by freezing; Third, the three paths of criminal reporting, administrative complaints, and civil litigation can be evaluated in parallel, and reference can be made to them.Criminal defense and case filing的实务经验；第四，注意医疗损害责任纠纷的诉讼时效一般为三年，自知道或者应当知道权利受到损害之日起算，涉及Personal injury and medical disputesThe calculation of the compensation items can be entrusted to an appraisal company for assessment together with other items.

5. Henglu Law Firm's Reminder

In medical disputes, the threshold for initiating criminal prosecution is much higher than that for civil claims. Families often miss the window for preserving evidence because they are too focused on pursuing criminal liability. When handling similar cases in Beijing, the authorities usually first check whether the appraisal opinions and medical records are complete, so it's crucial to seal the medical records before the deadline. In addition, the following points should be noted: First, do not sign documents waiving rights or settling the case once and for all under the hospital's urging; Second, properly preserve imaging materials, payment receipts, and nursing and care records; Third, entrust professional lawyers to assess whether to claim medical damages compensation and file administrative complaints simultaneously, to avoid taking a single path. For cases involving both criminal and civil aspects, the same legal team can coordinate the progress to reduce the duplication of evidence preparation and procedural delays.

VI. Frequently Asked Questions

Q1: Can criminal charges be brought against medical malpractice?

The possibility exists, but the threshold is quite high. It requires both serious irresponsibility and consequences of death or serious damage to physical health, with a clear causal relationship. Most cases ultimately end in civil compensation, so it is recommended to first conduct an assessment of the criminal and civil remedies available.

Q2: What evidence is needed to pursue criminal responsibility?

The complete medical records and sealed records, autopsy or disability appraisal opinions, comparison materials of diagnosis and treatment standards, ward monitoring and physical evidence, expert opinions, etc. The core is to prove that there have been serious violations of diagnosis and treatment care standards and caused statutory consequences.

Q3: What are the approximate fees for attorney and appraisal services?

The appraisal fee is charged according to the appraisal items, usually ranging from a few thousand yuan to ten thousand yuan. The attorney's fee is determined through negotiation based on the stage of the case or the amount in dispute. The fees for the criminal reporting stage and civil representation can be agreed upon separately.

Q4: How long does the whole process take?

It often takes several months to conduct forensic appraisals of medical damages. Civil litigation is generally concluded within six months in the first instance. The timeframes for criminal case filing and investigation are even more uncertain, so overall, long-term arrangements are needed.

Q5: What should I do first?

First, seal all medical records and apply for an autopsy if necessary. At the same time, keep the original materials such as payment receipts and medical images. Then, consult a lawyer to determine whether to file a criminal report, make an administrative complaint, or pursue civil compensation.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.