Empirical Analysis of the Elements of Medical Malpractice Crimes in China and Improvement Paths
Journal Title: Medicine and Philosophy - Year 2024, Vol 45, Issue 21
Abstract
This study examines the factors influencing judicial outcomes in medical malpractice criminal cases in China based on an analysis of 80 sample cases, and employs structural equation modeling to deeply analyze the underlying mechanism affecting the verdict outcomes. The results indicate that factors such as the occurrence of death, the type of forensic evaluation, civil compensation, violation of diagnostic and treatment norms, and obtaining the victim's forgiveness have statistically significant impacts. The factors, ranked by their total effect on the outcomes, are: violation of diagnostic and treatment norms, obtaining the victim's forgiveness, occurrence of death, and the type of forensic evaluation. Violation of diagnostic and treatment norms exerts the strongest positive direct effect on the outcomes, while obtaining the victim's forgiveness has the strongest negative indirect effect. These findings suggest that under the current judicial system, whether the defendant violated diagnostic and treatment norms and whether they gained the victim's forgiveness through financial compensation significantly influence the direction of criminal judgments in medical malpractice cases.
Authors and Affiliations
Yao LUO,Jing YANG,Zaixiang TAN,
Keywords
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- EP ID EP758827
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