论医疗伦理损害司法审查的合理界限——以《侵权责任法》第七章医疗损害责任为重点

On the Reasonable Boundaries of Judicial Review of Medical Ethics Damage——Take Medical Damage Liability in Chapter 7 of "The Law of Liability for Infringement" as the Key Point

本文以法律与伦理的关系为切入点,讨论了医学伦理评价与医疗损害责任的不完全对应关系,并结合医疗伦理损害的司法审查实践,分析了医疗伦理损害有限司法审查的正当性,认为应通过合理设定医疗伦理损害的司法审查限度来促进医患信任的重构。

This paper, taking the relationship between law and ethics as the breakthrough point, discusses the incompletely corresponding relation between medical ethics evaluation and medical damage liability, analyzes the legitimacy of judicial review of medical ethics damage combining with its practice, and suggests that judicial review should be set by reasonable medical ethics damage limit to promote the reconstruction of doctor-patient trust.