近年来,多起医生被控"医疗事故罪"罪名的案件引发了广泛的社会关注,且理论界和实务界对医疗事故罪及其罪名的认定亦未达成共识. 本文结合司法实践,认为医疗损害鉴定意见能够成为"医疗事故罪"罪名的定罪依据,应以"重大过失"作为判断"严重不负责任"的标准,以"补充鉴定"形式解决医务人员的刑事责任认定问题,并按"共同过失犯罪"规定来厘清多人参与诊疗活动的责任认定问题,同时排除"相当因果关系"在"医疗事故罪"的适用. 在此基础上,建议将"医疗事故罪"罪名改为"重大医疗责任罪".%In recent years, the cases of doctors being accused of "medical accident crime" sparked widespread social concern, and consensus has not been reached on "medical accident crime" and its cognizance both in theoretical and practical field. In this paper, in combination with judicial practice, the author argued that"medical damage appraisal" opinions can be the conviction basis of "medical accident crime", gross negligence should be taken as a standard of the judgment of serious irresponsibility, the problem of the medical staff's criminal responsibility should be solved in the form of supplementary identification, the responsibility identification of many people's participation in clinical activities should be clarified according to provisions of "joint negligence crime", and eliminate the application of "adequate causality" in"medical accident crime". Based on this, the author proposed that"medical accident crime"should be charged into"major medical liability crime".
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