论医疗机构对患者的安全保障义务

On the security obligation of hospital to patients

患者在医院走失 (丢失 )、财产被盗、受到第三人侵害的事情时有发生 ,因此而发生的损害赔偿纠纷成为医患诉讼新的焦点。本文对与此相关的理论进行探析 ,旨在探讨法院在评判双方过错时所应适用的标准。笔者认为 ,附随义务是医疗机构对患者及其财产进行安全保障的依据 ,法院在认定医疗机构是否有过错应当以具体情事和诚信原则作为标准。

It is happens often that patient lost from hospital, a patient was invaded by others or goods was stolen, so that these situations are becoming a new locus in damage-compensation litigation between the hospital and the sufferer. The article aims at probing the standards that ought to be applicable when the court judges the two parties' fault. The writer holds that the security obligation of hospital to patient and his/her property is according to subordinated obligation, specific situation and good faith doctrine should be as a standard to judge the hospital fault in court.