医疗损害赔偿分担机制初探

On Sharing Mechanism in Medical Damages

医疗技术的发展及其固有的高风险性,使得医疗损害往往超出了理性人标准的行为预期,也超过了侵害人的承受能力;而单纯依靠医疗侵权损害赔偿责任的分配,无法填补医疗损害。因此,建立以医疗责任保险为主体,以社会医疗保障和医疗意外保险等为补充,由医疗机构、政府、个人等共同分担的医疗损害赔偿的风险分散机制是实现医疗损害赔偿社会化的必然要求,是应对现代风险社会中医疗损害频发的最佳选择。

Medical damage is usually beyond both a rational man could expect and a damager could bear because of the continuous development of medical techniques as well as their inherent high-risk and the compensation by the simple distribution of the medical tort cannot repair the damage. Therefore the establishment of mechanism in which medical agencies and the governments and the individuals share the risk of the medical damage ,under the principle of medical liability insurance as the main body and social medical security and medical accident insurance to complement to it, is the necessary requirement of achieving the Socialization of the compensation of the medical damage and best choice to counter the frequent medical damage in this modern society in which full of various risks.