论文部分内容阅读
我国现行的民事侵权归责原则采取的是过错原则。在医疗侵权的医疗事故技术鉴定中也一直以诊疗行为中存在过错为构成医疗事故的先决条件。但在专业性、经验依赖性极强的医疗领域,以过错原则为归责原则已经成为患者合理维权的一大障碍,取而代之应该以医疗过失的存在为医疗侵权行为定性的条件。本文将以医疗专业国基础,从法学的视角厘清和界定医疗过失为注意义务的违反之本论,倡导建立以医疗过失为核心的医疗损害调解机制,从根本上缓解我国日趋紧张的医患关系。
The current principle of imputation of civil tort in our country adopts the principle of fault. Medical malpractice in medical malpractice technology has also been identified as the existence of fault diagnosis and treatment as a prerequisite for medical malpractice. However, in the field of medical profession which is highly specialized and highly experienced, the principle that the principle of fault is attributive has become a major obstacle for the patients to defend their rights reasonably. Instead, the condition of medical tort should be qualitatively defined by the existence of medical negligence. This article will be based on the medical profession, to clarify and define the medical negligence from the perspective of law to pay attention to the violation of the theory, advocate the establishment of medical malpractice as the core mediation mechanism for medical damage, and fundamentally alleviate China’s increasingly tense relationship between doctors and patients .