Legal analysis: Medical malpractice patients: According to the current laws and regulations, there are three ways for patients and hospitals to choose, namely, consultation and mediation, medical malpractice technical appraisal and litigation. Consultation and mediation refers to the fact that doctors and patients discuss the damage that may have happened, and reach an agreement on the amount of compensation under the auspices of relevant intermediaries according to the damage facts and relevant regulations.
Legal basis: Article 335 of the Criminal Law of People's Republic of China (PRC). Medical personnel who are seriously irresponsible and cause death or serious damage to the health of patients shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.