医疗事故所致损害，严重的构成犯罪行为。我国至今还没有制定出针对医疗事故追究责任者刑事责任和经济责任的具体法律、法规。修改后的（刑法》第335条规定7医疗事故罪；第九章“该职罪”中第409条规定涉及”从事传染病防治的政府卫生行政部门的工作人员严重不负责任，导致传染 Damage caused by a medical accident is a serious crime. China has not yet formulated specific laws and regulations for the criminal responsibility and economic responsibility of those responsible for medical incidents. The revised section 335 of the Criminal Code stipulates 7 medical malpractices; Chapter 409 of the “Operating Offences” stipulates in Article 409 that “The staff of the government health administrative department engaged in the prevention and control of infectious diseases is seriously irresponsible and leads to infection.