浅析我国《侵权责任法》上的医疗损害责任

A Study of the Tort Liability Law on Medical Liability

随着《侵权责任法》的颁布与出台,其以专章的形式对医疗损害责任进行了规定,这对于完善医疗损害侵权责任,处理医患纠纷具有重要意义。本文以侵权责任法的相关理论为基础,对医疗损害责任的概念、基本类型、构成要件进行了探讨,以更好地适用《侵权责任法》。

Our medical damages disputes constantly tended to increase, which has become the focus of attention problems. The solution to this problem is directly related to the overall social harmony and stability. With the enactment of the Tort Liability Act and introducing a special chapter on medical damage liability, it is to provide better handling of patient disputes, improve the medical damage tort liability, of great significance. In this paper, theories of tort law, the concept of medical liability for damage, the basic types of elements are discussed to meet with the better application of the Tort Liability Act.