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我国第一个把医疗事故处理与精神损害赔偿联系起来的人,是著名法学家北京大学法律系主任魏振瀛教授。作为民法专家,他针对“著名”的该摘扁挑体的被开了心脏,该开心脏的却被摘除了扁挑体的“潍坊”案,在接受《健康报》记者采访时,从民法的角度提出“今后处理医疗事故,……,要有利于加强医务人员和医疗单位的责任心及其提高医疗技术的积极性,逐步做到赔偿受害人全部损失,从发展看还应包括精神损失(即支付慰抚金)”。笔者不揣冒昧,顺着魏教授的思路,试就建立我国医疗事故精神损害赔偿制度,做一些粗浅的探讨。
China’s first person to link the handling of medical accidents with compensation for mental damages is Prof. Wei Zhenluo, a renowned jurist who is the head of the law department at Peking University. As a civil-law expert, he opened the heart for the “famous” picking and picking the body. The heart-opening “weifang” case was picked out of the flat-stem, and was interviewed by the newspaper “Health News”. At the time, from the point of view of civil law, “to deal with medical accidents in the future ... shall be conducive to strengthening the sense of responsibility of medical personnel and medical institutions and their enthusiasm in improving medical technology, and gradually realize the full compensation for the victims’ losses. Should include mental damage (i.e. payment for escort)". The author did not take the liberty of taking the liberty. According to Professor Wei’s ideas, he tried to establish a system of compensation for mental accidents in China’s medical accidents and did some superficial discussions.