析侵权责任法对医疗损害责任规定之特点及可能影响与对策

Explorations of Characteristics of the Liability of Medical Damages in Tort Liability Law as well as the Potential Influences and the Countermeasures

侵权责任法的出台,对医疗管理与诊疗行为的规范性提出更高的要求。本文对医疗损害责任规定之特点及施行后对医疗纠纷的可能影响进行分析;根据法律环境的变化和医疗纠纷多发的现状,提请医务人员注意了解该法对医方有赔偿风险的规定情形,而且要熟悉掌握《病历书写基本规范》中与诉讼有关的新增内容,以提高依法行医和自我维权的水平。

The tort liability law improves the requirement to medical management and diagnosis and treatment. In the review,the topics as potential influences of the tort liability law on the characteristics of the liability of medical damages and the medical tangles were explored.Based on the changes of law circumstances and the current situations,it was suggested that the medical workers should pay attention to the circumstances,especially the liabilities that the hospital has.Also the medical workers should master the new additional contents in＂The Specification of the Documentation of the Medical Record＂to improve the levels of practicing medicine according law and selfright -safeguarding.