医疗损害赔偿费用的探讨

The Compensation Discussion in the Medical Damage

《医疗事故处理条例》与《民法通则》确定的赔偿范围和标准不一致。通过《医疗事故处理条例》与《民法通则》的对比,提出医疗损害赔偿的三个原则,即全面赔偿原则、限额赔偿原则、衡平赔偿原则,以及建立医疗损害赔偿费用的统一标准,希望对司法实践有所借鉴意义。

Medical damage compensation is a very difficult problem which is always puzzled to judge in the court; especially, it was more difficult to judge the reparations when Medical Accident Treatment Act at variance with the standards of Civil Law General Rule. Three principles of medical treatment indemnity and unified standards in the medical damage compensation were put forward by comparison Medical Accident Treatment Act with Civil Law General Rule, and hope to be helpful to judicature practice.