医疗过失的本质特征是医疗机构及其医务人员在医疗活动中违反了卫生管理法律、行政法规、部门规章和诊疗护理规范、常规,没有达到应当达到的医疗水平造成了患者的人身损害。在司法实践中,医疗侵权案件主要是由医务人员存在过失的诊断、治疗和护理行为(以下简称“诊疗行为”)造成的。从法律行为结构的角度分析,诊疗行为包括实施诊疗护理工作中的身体和语言行为,行动的方案、措施、步骤、技术和技巧,行动所借助的工具和器械,医学认知和临床思维。通过对诊疗行为的综合比较分析认定医疗过失,既适合临床医学的特点,又符合法律对行为进行规范的特征,同时也涵盖了绝大多数的医疗侵权行为。在个案中损害结果和因果关系已得到确认的前提下,诊疗行为分析分 The essential feature of medical negligence is that medical institutions and their medical staff violate health management laws, administrative regulations, department rules, and nursing care norms and routines in medical activities, and fail to meet the medical standards that should be achieved to cause personal injury to patients. In the judicial practice, medical infringement cases are mainly caused by medical staff’s fault diagnosis, treatment and care behavior (hereinafter referred to as “diagnosis and treatment behavior”). From the perspective of legal behavior structure, diagnosis and treatment behaviors include physical and linguistic behaviors in the practice of nursing care, action programs, measures, procedures, techniques, and techniques, tools and devices for action, medical cognition, and clinical thinking. Through the comprehensive comparative analysis of diagnosis and treatment behaviors, medical negligence is determined, which is not only suitable for the characteristics of clinical medicine, but also conforms to the law’s characteristics of regulating behaviors. It also covers the vast majority of medical torts. In the case that the damage results and cause and effect relationship have been confirmed, the diagnosis and treatment behavior analysis points