Because medical malpractice refers to an accident in which medical institutions and their medical staff violate medical and health management laws, administrative regulations, departmental rules, diagnostic and nursing norms and routines, and cause personal injury to patients due to negligence.

In this case, the medical staff complied with the above laws and regulations. This kind of accident is not caused by improper handling by medical staff in the process of diagnosis and treatment, but the patient himself has just finished lunch in a critical state, which leads to vomiting, reflux and even accidental inhalation of tracheal asphyxia under general anesthesia. Therefore, this case is not a medical accident, and it also conforms to the provisions of laws and regulations on not being a medical accident, that is, in an emergency, the patient's condition is abnormal and his physique is special.