Abstract
In this article, I used three real cases to illustrate how to identify the criminal responsibility for severe patients with the intervention of medical error, especially for the causation between medical error and patients’ death. The first part of this article is the introduction of some examples of medical error in Taiwan following by some problems that related to the three cases. Second, I roughly illustrated the regulation of medical error in the Criminal Law and then set different categories for the three cases based on the charts and SOAP. I discussed about the adequate theory in Taiwan and Japan, the avoidibility theory and theory of enhanced risk. According to these theories, I matched the categories and cases to the theories, and found some problem through the discussion. Finally, I discussed the cases with my opinion.