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医疗损害事件、医疗纠纷、医疗诉讼已成为全社会关注的焦点,在医疗侵权损害的构成要件当中,医疗过失是最难认定的要件之一。医疗过失的认定是处理医疗侵权损害赔偿的核心内容,科学而合理地确定医疗过失的认定标准对医患双方权益的保护及医学科学技术的发展进步具有重要意义。文章对医疗过失基础理论进行阐述,在将医疗注意义务作为认定医疗过失的基础上,介绍并借鉴理论界相关标准及日、德、英、美等国家各具特色的认定标准,辅以符合医疗行为特点的一些特殊因素,总结归纳出实践中较为可行的医疗过失的认定标准。
Medical damage incidents, medical disputes and medical litigation have become the focus of the whole society. Among the components of the damage caused by medical infringement, medical malpractice is one of the most difficult elements to be identified. The identification of medical negligence is the core content to deal with the compensation for medical tort damages. The criteria for scientifically and reasonably determining the medical negligence are of great significance for the protection of the rights and interests of both doctors and patients as well as for the advancement and development of medical science and technology. The article elaborates the basic theory of medical negligence. Based on the medical attention obligation as the recognition of medical negligence, the article introduces and draws lessons from the relevant standards of the academic circles and the distinctive accreditation standards of Japan, Germany, Britain and the United States and other countries, Behavioral characteristics of some special factors, summed up the practice of the more feasible standard of medical malpractice.