中美医疗损害责任制度改革之比较研究

The Comparative Study of Medical Damage Liability System Reform between China and the United States

医疗损害责任已成为现代社会普遍的医疗法律问题。中美两国医疗损害责任制度改革正朝着相反的方向发展。诉讼机制在美国医疗损害责任中的作用由强变弱,医疗诉讼起诉由易变难,医疗损害赔偿由不限制到相对限制,行政管理式的医疗过错责任制度由无到逐渐提议。我国医疗损害责任制度改革恰恰相反,即诉讼制度的作用由弱变强、医疗损害起诉由难到易,医疗损害赔偿由相对限制到不限制、行政管理式的医疗过错责任制度从有到无。我国医疗损害责任制度的改革趋势值得反思。建议借鉴美国医疗损害责任制度改革的经验。

Medical damage liability has become a common medical legal problem in moclern socxety. The reiorm ot mealcat damage liability system between China and America goes to opposite directions. In America, the roles of litigation in medical damage liability system become increasing weak, suing to physicians for negligence turns to be more difficult, while the compensation of medical damages is from un-limitation to relative limitation, and medical administrative fault liability has been proposed. By contraries, the roles of litigation in medical damage liability become increasingly important in China, which suing to medical organizations tends to be easier, medical damage compensations is implemented without limitation and administrative fault liability alters from regulating to canceling. We should introspect our reform of medical damage liability system and learn experience from America.