A person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or detention. According to Article 335 of the Criminal Law of the People's Republic of China, the crime of medical malpractice refers to the behavior of medical personnel who, due to serious irresponsibility, cause the death of the patient or serious damage to the patient's health. According to the provisions, medical personnel due to serious irresponsibility, causing the death of the patient or serious damage to the physical health of the patient, shall be sentenced to imprisonment of up to three years or detention.