基于《侵权责任法》的医疗损害赔偿纠纷案例分析

A Case of Medical Dispute Analyzed by "Tort Liability Law"

本文运用侵权责任法的相关法规对医疗纠纷案例进行了分析,值得注意的是"新法"不是以是否构成"医疗事故",而是以患者在诊疗活动中是否受到损害,医疗机构及其医务人员是否有过错为原则进行处理,这有助于医疗纠纷的合理解决;也对医疗机构及其医务人员的诊疗活动提出了更高要求。

In terms of relevant regulations of Tort Liability Law,the thesis analyzes a case of medical dispute.It is notable that the ＂new law＂ handles the medical dispute on the basis of the injury that the patients had or not in treatment and the wrong that the medical institutions or medical staff had or not in treatment,but not basis of ＂medical malpractice＂.In this way,＂new law＂ can helps to settle the medical dispute reasonably and to bring forward higher requirements to the medical institutions and medical staff.