医疗责任是指医方在医疗及护理活动中,因违反医疗卫生管理法律、行政法规、部门规章和诊疗护理规范、常规,而给患者造成人身或财产损害而承担的民事责任。但医疗责任究竟是因医方和患者间存在的医疗服务合同为依托,还是以每个民事主体所负有的不得侵害他人身体的法定义务 Medical liability refers to the medical liability incurred by the medical staff in the medical and nursing activities for violating the laws, administrative regulations, administrative rules and regulations, departmental rules and regulations, routine care and treatment of the medical and health care and causing personal or property damage to the patients. However, whether the medical liability is based on the medical service contracts existing between the medical staff and the patients or the legal obligation of each civil subject that can not infringe on others’ bodies