The object of this crime is the health of patients and the normal working order of medical units.
Objectively speaking, this crime is manifested as the behavior of the actor who is seriously irresponsible in the process of medical treatment or physical examination, causing the death of the patient or seriously damaging the health of the patient.
The subject of this crime is a special subject, that is, it must be medical personnel.
The so-called medical personnel generally refer to those who have been educated by medical colleges or trained by medical institutions at all levels and have been approved, recognized or qualified by the health administrative department. Specifically, medical personnel include doctors, pharmacists and nurses engaged in diagnosis, treatment and nursing in state-owned and collective medical institutions, as well as practicing doctors in individual clinics approved by the competent department of the state.
This crime is subjective negligence.
That is, the actor should foresee that his behavior may lead to the death of the patient or seriously damage the health of the patient, but he can avoid credulity because of negligence.
If the actor intentionally causes the patient's death or seriously damages the patient's health in the course of medical treatment, he shall be convicted of intentional homicide or intentional injury according to the nature and circumstances.