责任竞合视角下医疗损害责任的适用

On Application of Medical Liability in Perspective of Concurrent Liability

医疗损害的典型责任形态属于民事责任的竞合。不同性质的责任在归责原则、责任承担方式、诉讼时效等方面的差异性,直接影响了医疗损害责任的法律适用逻辑。当前,我们应肯定适用侵权责任的制度价值,也应重视其他法律路径在处理医疗损害纠纷中的独特作用。

The typical form of medical damage liability is the kind of civil liabilities coincidence. There are some differences among the different liabilities in term of the doctrine of liability fixation,methods of bearing liability,limitation of action,etc. The differences influence the legal application for medical damage liability. At present,we should not only confirm that the application of tort liability has a significant system value, but should also value the unique role of other legal ways, in dealing ＇with medical malpractice disputes.