医疗损害是违约责任与侵权责任在现实生活中发生竞合时的常见情形。医疗违约责任与医疗侵权责任在归责原则、举证责任、时效、责任范围、免责条款的效力等方面存在一定的差异。在医疗违约责任与侵权责任竞合的情况下,我国法律已明确受害方可选择适用,但受害方请求权行使的不同,将产生不同的法律后果。 Medical damage is a common situation when the liability for breach of contract and tort liability coincide in real life. The liability of medical malpractice and the tort of medical tort liability have some differences in the principle of attribution, the burden of proof, the limitation of time, the scope of responsibility and the effect of the exemption clause. Under the condition that the medical liability for breach of contract infringes on the tort liability, China’s law has clearly stipulated that the victim may choose to apply it. However, the different rights and interests of the victim will have different legal consequences.