医疗侵权案件应当适用过错责任原则,在因果关系证明方面应当严格医方的证明责任,采用“相当因果关系”的证明程度。我国现阶段解决医疗侵权纠纷的手段应当多元化,避免使医患双方陷入诉累,积极借鉴法治发达国家的实践经验,为缓解我国紧张的医患关系作好制度构建。 Medical tortious cases should be applied to the principle of fault liability, the causal relationship between the certificate should be strictly medical liability, the use of “a considerable causal relationship” to prove the degree. At the present stage, the means of resolving medical tort disputes in our country should be diversified so as to avoid getting both doctors and patients involved in litigation. We should learn from the practical experience of the developed countries in the rule of law and make institutional arrangements to ease the tension between doctors and patients in our country.