医疗意外适用“公平责任”的弊端及应对

The Drawbacks of Applying the "Equitable Responsibility" Principle to Settle the Medical Accident and the Measure to Deal with it

目的探讨医疗意外责任的承担.方法从公平责任的局限性来分析适用公平责任承担医疗意外责任存在局限性.结果医院承担赔偿或补偿责任,忽略了医患双方风险的分担功能.结论建立完善的医疗意外保险制度是应对医疗意外,解决医患纠纷的有效途径.

Objective To discuss the medical treatment responsibility caused by unpredictable harm. Method In medical treatment, the court usually applies the ＂Equitable Responsibility＂ principle to settle the medical conflicts caused by unpredictable harm, this poses certain limitations. Result The fact that hospitals being liable for compensation or reparation ignores the mutual risk-sharing responsibility of hospitals and patients. Conclusion To establish the system of medical accident insurance is one of the best measure to solve the medical conflicts caused by unpredictable harm.