论医疗行为的判断标准

On the Judging Criteria of Medical Treatment

医疗事故通常是医师在施行医疗行为过程中因存在过失而造成的。医疗行为是否存在过失是医方承担医疗损害赔偿责任的前提和基础,因此通过对与医疗行为密切相关的问题进行论述和分析,为司法实务界公正、合理解决医患纠纷提供可参考的理论依据,以促进医疗卫生事业在良好的社会环境下得以健康有序的发展。

Medical accidents are always caused by the fault of the doctors in the medical treatment which is the premise of doctors＇ responsibility to take the remedy in medical damages. The issues which are closely related to medical treatment are to be discussed in this article, which gives theoretical reference from the just and practical administration of justice and the reasonable medical resolution in the conflicts between doctors and patients, and promotes the healthy and orderly development of medical treatment and sanitation in sound social circumstances.