医疗损害赔偿的“责任”问题

On Compensation for Medical Malpractice

随着医疗科技的发展,患者法制意识的增强,医疗赔偿纠纷不断涌现,而我国的医疗损害赔偿制度相对不完备,致使处理此类纠纷时遇到不少疑难困惑。为了维护医患双方的合法权益,促进医疗事业健康发展,对医疗损害赔偿纠纷中涉及的损害赔偿责任、诉讼举证责任以及赔偿请求权等问题进行探讨,有一定的现实意义。

With the medical treatment technology developing, the disputes on medical compensation are still coming forth. With the improvement of patients＇ awareness and consciousness of law, we come across with quite a lot of problems while dealing with this kind of disputes, because our compensation system for medical malpractice is comparatively incomplete. We should defend the legal rights and interests of both parties. This paper will discuss the issues as follows：the cognizance of responsibility, proof responsibility, and compensation petition of right, which involves in those disputes about compensation for medical malpractice. It will bring forward some different opinions and suggestions on this tooic as well.