浅议难诊治疾病的医疗损害赔偿

Simple Discussion about the Indemnification to the Medical Damage of Difficultly Treated Diseases

医疗损害赔偿是特殊的民事损害赔偿,由疑难病症引发的医疗损害赔偿更为特殊。医疗损害赔偿应该实行严格的过错责任原则,同时引入医疗责任险作为补充。难诊治疾病有别于普通疾病,其治疗过程与损害结果之间存在的因果关系不是必然,且难以界定。因此,对于在难诊治疾病治疗过程中,造成的医疗损害赔偿同样应该严格按照过错责任原则,且在赔偿范围和指标上略低于普通的医疗损害赔偿。同时,为了缓解患方的风险,尤其应在难诊治疾病的治疗中引入医疗责任险。

Medical damage indemnification is one kind of doubtful and difficultly treated diseases are particularly special. special civil indemnification and those caused by Medical damage indemnification must observe strict responsibility rules and complemented with medical responsibility insurance. Difficultly treated diseases differ from common diseases, the relationdship between the medical process and the damage result is not necessary and hard to define. Therefore, during the medical process of difficultly treated diseases, strict responsibility rules must be observed and the damage scope must be smaller and the damage index lower than those of common diseases. Meanwhile, medical insurance should be accepted in order to alleviate the risk of the patient side.