论我国医疗损害限额赔偿的立法完善

On the Legislative Perfection of Limited Compensation in Medical Injury

由于医疗损害限额赔偿理论的影响,《医疗事故处理条例》对医疗事故赔偿的项目及数额作了种种限制,本质上属于限额赔偿。医疗限额赔偿在理论上存在诸多争议,我国的立法方向严格限制"限额赔偿理论"的运用,在非精神损害领域确立全面赔偿原则。

Due to the theory of limited compensation for medical injury, the compensation about the types and the standard, provided by Regulations on Handling Medical Malpractice, is essentially limited. Because there are many different opinions about this theory, the theory of limited compensation should be restricted strictly in the application of spiritual damage, and the principle of full compensation should be established in the area of non-spirit damage in our country＇s legislative direction.