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怎样的责任认定标准才是医疗损害案件裁决中的妥当标准,长期以来社会各界争执不休。《侵权责任法》的出台为消除这种分歧和争执带来了新的曙光。法院作为“主宰”案件胜负的关键主体,应如何把握好医疗损害案件中责任认定的标准,才能真正为和谐医患关系保驾护航。本文拟从《侵权责任法》将带来的三项重大调整、附条件的“推定过错”能否将患方引向法院和法院审理医疗损害案件责任认定应注意把握好三个结合作一初步探讨。
What kind of responsibility to determine the standard is the proper standard in the case of medical damage cases, the community for a long time dispute endlessly. The introduction of Tort Liability Act has brought new dawn to eliminate this kind of disagreement and dispute. As the key subject of the outcome of the “domination” case, courts should truly grasp the criterion of responsibility recognition in medical damage cases so as to truly escort the harmonious relationship between doctors and patients. This article intends to take three important adjustments from the three major adjustments brought by the Tort Liability Law and the conditional “presumption of fault” that can lead the patient to the courts and the court to determine the liability for medical damages. A preliminary discussion.