According to criminal law
Article 335 Medical personnel who commit the crime of medical accident and cause the death of the patient or seriously damage the health of the patient due to gross negligence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 336 Crime of illegal medical practice; Crime of illegal birth control operation: if a person who has not obtained the qualification of a medical practitioner 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 only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Whoever, without obtaining the qualification of a doctor, performs contraceptive recanalization surgery, fake contraceptive surgery, pregnancy termination surgery or takes out intrauterine devices for others without authorization, 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; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Extended data
According to the Tort Liability Law
Article 54? If the patient is damaged in the diagnosis and treatment activities and the medical institution and its medical staff are at fault, the medical institution shall be liable for compensation.
Article 57? Medical institutions shall be liable for compensation if medical personnel fail to fulfill their medical obligations corresponding to the medical level at that time and cause damage to patients.
Central People's Government-People's Republic of China (PRC) Tort Liability Law
Public Security Bureau of Shuangban Prefecture in Western People's Republic of China (PRC) and Criminal Law of China