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侵权责任法中因果关系是核心要件之一,具有复杂性、抽象性等特点,长期以来是学术界公认的难题。由于医疗行业专业性、高技术性等特点,使得医疗侵权案件中的因果关系认定更为困难,因此,我们有必要借鉴西方发达国家关于因果关系的各种学说,并结合我国实际,完善我国医疗损害赔偿中因果关系理论,这对日后公正合理裁决医疗损害赔偿诉讼案件具有重要意义。
Causality in tort law is one of the core requirements, which is characterized by complexity and abstraction. It has long been recognized as a difficult problem in academia. Due to the professional and high-tech nature of medical industry, it is more difficult to determine the causality in medical tort cases. Therefore, it is necessary for us to learn from the various theories of causal relationship in the developed western countries and to improve our country’s medical damage The theory of causation in compensation, which is of great significance to the fair and reasonable medical litigation compensation lawsuit in the future.