论医疗损害赔偿原则体系

On principle system of medical damage compensation.

我国《医疗事故处理条例》对医疗损害赔偿实行单一的限额赔偿原则,且赔偿范围规定不全面,使得该条例不能有效和合理地处理所有的医疗损害赔偿,并使得该条例在医疗损害赔偿诉讼中日益边缘化。鉴于此,本文提出一种适应全部医疗损害赔偿的赔偿原则体系,该原则体系由全面赔偿原则、限额赔偿原则、惩罚性赔偿原则和衡平赔偿原则构成。

Not only the Medical Accident Treatment Act could not effectively treat and reasonably resolve all medical damage compensation, but also it is being marginalized due to that single limit compensation principle is adopted and the coverage of compensation is incomplete in the Act in our country. A new principle system of medical damage compensation, which consists of complete compensation principle, limit compensation principle, punitive compensation principle and balanced compensation principle, which also could be applied to all medical damage compensation was put forward in this article.