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《侵权责任法》将医疗损害责任纳入侵权责任,不但明确医疗损害责任与以往医疗事故责任在认定和处理上的不同。还借助法律底线的直观性、警示性、制裁性,为“重典治乱”处理医患纠纷;唤回、提升医务人员职业道德理念;衡平医患双方地位、构建和谐社会关系方面发挥了积极规制、引导作用。为消除一些医疗机构及其医务人员至今仍存在的模糊认识,本文对“医疗损害责任”纳入法律底线的立法用意做以分析,以使其自觉做到有法必依、执法必严。
Tort Liability Act incorporates the responsibility of medical damage into the tort liability, which not only clarifies the difference between the recognition of medical liability and the responsibility of medical malpractice in the past. Also with the bottom line of the law intuitiveness, warning, sanctions, for the “rule of classical governance” to deal with medical disputes; call back and enhance the concept of professional ethics of medical personnel; balance the position of both doctors and patients to build a harmonious social relations play Active regulation, guiding role. In order to eliminate the vague awareness that some medical institutions and their medical personnel still have, the article analyzes the legislative intention of “medical damage liability” into the legal bottom line, so that it can consciously make laws according to law and must strictly enforce the law.