论我国医疗纠纷的法律适用

The Applying of Laws to Disputes Arising from Medical Treatment

随着公民法制观念和自我保护的法律意识不断增强 ,医疗纠纷案件大量增加 ,但现行的《医疗事故处理办法》已不能适应形势的发展。目前对医疗事故的认定是由医疗事故鉴定委员会的鉴定结论为最终结论 ,这实际上是让当事人一方的上级主管部门作为鉴定人来作鉴定结论 ,有可能使人身伤害的侵权者得不到相应的民事责任追究 ,受害人得不到应有的民事赔偿 ,这有悖于民法通则中公平、平等的原则。本文对此提出相应的解决办法 ,同时对医疗纠纷的法律适用和赔偿原则作了有益的探讨。

As medical disputes increase greatly in number,more and more citizens become awawr of legality and of sell-protction.One question of common concern is whether or not the long-respected 《Principles to Be Observed in Treating Medical Disputes》 is still practicable. The biggest failure with this method lies in the fact that it is the committee of medical specialists who make the final decision over such matters as a medical accident. But this practice, in the opinion of the author,is unfair on the part of the victims and is also against the related terms in our civil law. In this article, concrete suggestions are made as to how to solve the problems involved in the applying of related laws to medical disputes and to safeguard the interest of the patients.