Clearly stipulate that medical malpractice must meet the following five conditions:
1, the person responsible for medical accidents must be health technicians at all levels (including those engaged in medical management and logistics services) who have passed the examination and have been approved or recognized by the health administrative organ;
2. The perpetrator of the medical accident must be at fault in the medical treatment and nursing work, including negligence and overconfidence, and must be illegal and harmful;
3, must be engaged in medical care (including logistics and management of this service);
4. The harmful results to patients must conform to "death, disability and dysfunction caused by tissue and organ damage", otherwise it cannot be considered as a medical accident;
5. There must be a direct causal relationship between the harmful behavior and the harmful result.
Legal basis: Article 2 of the Regulations on the Handling of Medical Accidents: Medical accidents refer to accidents in which medical institutions and their medical staff violate medical and health management laws, administrative regulations, departmental rules, norms and practices of diagnosis and treatment, causing personal injury to patients, which is a kind of administrative responsibility.
Article 20 The administrative department of public health shall submit the technical appraisal of medical malpractice to the medical association responsible for the technical appraisal of medical malpractice after receiving the report of medical institutions on major medical negligence or the application for handling medical malpractice disputes put forward by the parties involved in medical malpractice disputes. Medical malpractice disputes need to be identified through consultation between doctors and patients, and the medical association responsible for technical identification of medical malpractice shall be entrusted by both parties to organize the identification.