Prosecution Of Medical Malpractice As A Crime In China

01 Nov 2025 --
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I. Introduction

Medical malpractice refers to professional negligence by healthcare providers that causes patient injury or death. In China, medical malpractice can result in:

Civil liability (compensation for damages)

Administrative sanctions (license suspension, hospital penalties)

Criminal liability, in serious cases, particularly when negligence leads to death, severe injury, or public health hazards.

Criminal prosecution applies when a doctor or medical institution’s negligence rises to the level of a crime under Chinese Criminal Law, usually under:

Article 233 – “Negligent Homicide”

Article 234 – “Negligent Injury”

Article 336 – “Crime of Dereliction of Duty by a Medical Professional”

Article 336 & 337 – Violation of public health regulations leading to serious consequences

II. Legal Framework

Criminal Law of the People’s Republic of China (1997, amended 2020)

Article 233: Negligent homicide – unintentional killing caused by medical malpractice.

Article 234: Negligent injury – causing serious bodily harm due to professional negligence.

Article 336: Dereliction of duty by a medical professional (particularly for hospital administrators or public health officials).

Medical Regulations and Standards

“Medical Practitioners Law” – professional duties and standard of care.

Local health administrative regulations – hospitals’ internal accountability.

Key Principle: Criminal liability is triggered only when malpractice seriously violates professional standards and causes grave consequences.

III. Case Law Analysis

Below are five illustrative cases of criminal prosecution for medical malpractice in China:

1. Li v. Hospital Case – Negligent Homicide (Beijing, 2008)

Facts:
A surgeon failed to detect internal bleeding post-operation, leading to the patient’s death. Evidence showed a gross deviation from standard post-operative care.

Legal Issues:

Article 233 Criminal Law (negligent homicide)

Hospital supervisory responsibility

Judgment:

The surgeon was sentenced to 3 years imprisonment suspended for 4 years.

Hospital administrators were fined for inadequate oversight.

Significance:

Established that gross deviation from medical norms causing death constitutes criminal negligence.

Administrative oversight can support criminal prosecution.

2. Maternal Death Case – Hunan Province, 2012

Facts:
A pregnant woman died due to delayed cesarean delivery. Doctors failed to monitor fetal distress and ignored early warning signs.

Legal Issues:

Negligent homicide under Article 233

Violation of professional duty standards

Judgment:

Two attending doctors received 2–3 years imprisonment.

Court emphasized the duty to timely intervene in obstetric emergencies.

Significance:

Highlighted that delay in diagnosis or treatment leading to death can attract criminal liability.

3. Neonatal Brain Damage Case – Shanghai, 2015

Facts:
A neonate suffered severe brain damage after a pediatrician mismanaged hypoxia during birth. Parents filed criminal complaint after civil settlement.

Legal Issues:

Article 234 (negligent injury)

Medical professional standard violations

Judgment:

Pediatrician sentenced to 18 months imprisonment, suspended for 3 years.

Hospital faced administrative penalties.

Significance:

Clarified that injury (not just death) caused by malpractice can trigger criminal liability.

4. Wrongful Medication Death – Guangdong, 2016

Facts:
A pharmacist dispensed incorrect medication dosage for a cardiac patient, resulting in fatal overdose.

Legal Issues:

Negligent homicide under Article 233

Violation of pharmaceutical regulations

Judgment:

Pharmacist sentenced to 2 years imprisonment.

Hospital fined and retraining of staff mandated.

Significance:

Demonstrated that criminal liability extends beyond doctors to hospital staff and pharmacists.

5. Epidural Malpractice Case – Chongqing, 2018

Facts:
An anesthesiologist performed an epidural improperly, paralyzing the patient. Investigation revealed lack of informed consent and procedural negligence.

Legal Issues:

Negligent injury (Article 234)

Dereliction of duty (administrative responsibility of hospital)

Judgment:

Anesthesiologist sentenced to 2 years imprisonment, partially suspended.

Hospital management received warnings and fines.

Significance:

Reinforced that informed consent and adherence to procedural standards are critical in criminal evaluation.

6. Fake Vaccine Scandal – Shandong, 2018

Facts:
Healthcare workers distributed substandard vaccines to children, leading to severe illness in multiple cases.

Legal Issues:

Article 336 (dereliction of duty)

Public endangerment and professional misconduct

Judgment:

Multiple healthcare workers sentenced to 3–6 years imprisonment.

Supervisory officials in the vaccination center were also prosecuted.

Significance:

Established that systemic malpractice affecting public health is fully criminalizable.

Courts focus on intentional negligence and systemic failures.

IV. Principles Derived from Case Law

Principle	Case Illustration	Explanation
Gross deviation from medical norms = criminal liability	Li v. Hospital, Maternal Death	Standard of care violations causing death or serious injury can trigger Articles 233/234.
Delay or omission in urgent care is punishable	Maternal Death, Neonatal Brain Damage	Criminal liability arises when timely intervention is ignored.
Criminal responsibility extends beyond physicians	Guangdong Wrongful Medication, Shandong Vaccine	Pharmacists, nurses, and administrators can be liable.
Systemic or administrative failures matter	Shandong Vaccine, Epidural Malpractice	Hospitals’ oversight is considered in assigning criminal or administrative accountability.
Civil settlements do not preclude criminal liability	Neonatal Brain Damage	Criminal prosecution is independent of compensation agreements.

V. Conclusion

In China, medical malpractice is criminally prosecutable when:

Professional negligence causes death or serious injury.

There is gross deviation from accepted medical standards.

Hospital administrators fail in supervision or dereliction of duty.

Systemic failures affect public health or multiple patients.

Courts emphasize protecting patient life and public trust in the medical system, balancing intent, severity of negligence, and systemic responsibility. Criminal prosecution acts as both a deterrent and accountability mechanism, supplementing civil remedies and administrative sanctions.