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医疗机构向受检者出具的健康体检报告,未对重要指标异常情况作出相应提示和建议,导致受检者丧失进一步检查的时机,受检者后因自身疾病发展死亡。家属为讨说法,将该医疗机构告上法庭,要求赔偿医疗费、精神抚慰金等共计28万余元。按照传统因果关系理论,受检者死亡的后果与医疗机构的上述过失行为并没有直接因果关系,但医疗机构的该过失行为是否侵害了受检者对延续自身健康和提高生存可能性的期待利益?是否需要承担责任?法院对这起新类型侵权案件又会给出怎样的结论?
Medical institutions to the subjects issued by the health examination report, did not make the appropriate prompts and suggestions on the anomalies of important indicators, leading to the subjects lost the opportunity for further examination, the subjects died due to their own disease development. Family members to discuss the law, the medical institutions to court, asking for compensation for medical expenses, spiritual solatium, a total of 28 million yuan. According to the traditional theory of causality, there is no direct causal relationship between the death of the subject and the aforesaid negligence of the medical institution. However, whether the negligence of the medical institution infringes on the expectant benefit of the subject on the continuance of their own health and the possibility of survival Need to assume responsibility? Court of the new types of infringement cases will give what conclusion?