论医疗损害责任不适用限额赔偿

On the Inapplicability of Medical Damage Liability to Limited Compensation

根据《医疗事故处理条例》,医疗事故产生的医疗损害责任适用限额赔偿。对这一规定,我国理论界一直存在"肯定说"与"否定说"的学说争议。"肯定说"的立论前提在于限额赔偿是为了追求"社会公共利益";但实质上,限额赔偿损害了患者的个体利益,从而不可能实现所谓的"公共利益"。无论从法理解释还是立法的视角来看,由医疗事故产生的医疗损害责任都不适用限额赔偿。

According to Medical Malpractice Management Regulation, limited compensation applies to medical damage liability caused by medical malpractice. To this regulation, there is academic controversy of the positive and negative issue in the theoretical circle in China. The premise of positive issue is that limited compensation is in pursuit of social and public interests; but in essence, limit compensation damages the patient＇s individual interests, which makes it impossible to realize the so-called public interests. Therefore, from the perspectives of legal interpretive and legislation, limited compensation does not apply to medical damage liability caused by medical malpractice.