论文部分内容阅读
近年来,随着现代医学事业的进步和发展,极大地提高了人民的健康水平。然而,随之而来的医疗事故、医疗纠纷也屡屡出现,严重地侵害了患者及其家属的合法权益,也在一定程度上损害了医疗单位的声誉。因此,从法律视角对医疗事故、差错意外及并发症承担的责任加以区分显得颇为重要。 1.医疗责任事故是指医务人员因违反规章制度、医疗护理常规等失职行为所致的事故。医疗责任事故的特点在于行为人的技术能力虽然胜任,但是由于玩忽职守、疏虞懈怠,或违反卫生行政法则、技术操作规程而发生的过失。例如,医务人员擅
In recent years, with the progress and development of modern medical science, people’s health has been greatly raised. However, medical malpractice and medical dispute ensue frequently, seriously infringing the legitimate rights and interests of patients and their families, and to a certain extent undermining the reputation of medical units. Therefore, it is important to distinguish the responsibilities of medical accidents, accidental errors and complications from a legal point of view. 1. Medical liability Accident refers to the medical staff due to violation of rules and regulations, medical care practices and other misconducts caused by accidents. Medical accident is characterized by the technical ability of the perpetrator, although competent, but due to negligence, neglect, or violation of health administrative rules, technical procedures and the occurrence of negligence. For example, medical personnel are good