医疗过程是一种存在高度风险的复杂技术性活动,每一个环节都存在发生医疗过失的可能。目前关于医疗过失的概念构成等基本问题尚存在着诸多说法,未能形成统一看法和观念,给司法实务造成了不小的难题。实质上,完整的医疗过失概念应该包括主体、医疗注意义务等明确的构成要件。这些要件构成了界定医疗过失的必要基础。 Medical procedure is a complex and technical activity with high risk. In every link, there is the possibility of medical negligence. At present, there are still many explanations on the basic issues such as the conceptual composition of medical negligence, and the failure to form a unified view and concept has created no small problem for judicial practice. In essence, the concept of complete medical malpractice should include the explicit constitutional requirements of the subject, the medical attention duty and so on. These elements form the necessary basis for defining medical errors.