间接原因致医疗损害的责任分析

Analysis on Responsibility of Medical Injury Caused by Indirect Cause

分别侵权是数人侵权的一种特殊形态,医疗事故中此种侵权类型极其罕见,也因此在司法实践中易与共同侵权混淆。通过对司法实践中的个案分析可以明确二者的界限,也能更好地发挥对实践的指导作用。在原因竞合导致的侵权案件中,直接原因一般是导致损害结果发生的主要原因,行为人因此一般承担主要责任,间接原因一般是损害结果发生的次要原因,行为人一般承担次要责任。然而这并非绝对,通过对一例司法个案中两医院侵权行为形态及责任划分的分析却可以看到,该案中间接原因虽非导致损害结果发生的直接原因,但行为人承担了主要责任。

As a special form of multi-party infringement, respectively infringement is very rare in medical accident. Thus in judicial practice, it is hard to distinguish respectively infringement from contributory infringement. Through case study, this article delimited the two concepts, in order to better guide future practice. As for infringement caused by reason concurrence, direct cause was usually the main cause for damage. Therefore, the perpetrator generally was assumed to take the main responsibility. Indirect cause was generally the minor cause for damage, so the perpetrator was only assumed to take the minor responsibility. However, there are always exceptions. This paper analyzed the infringement and responsibility of a case study, which results revealed unexpected findings. Indirect cause was explicitly not the main cause for damage, but the perpetrator was assumed to take the main responsibility.