摘要
医疗损害责任的分配是医患之间矛盾的根本所在。强制医疗责任保险制度尽管其产生缘于患者和医务人员所面对的医疗风险,但实际是国家和政府为衡平医患之间利益、调节医患矛盾,对医疗损害责任和风险再分配的一项责任保险制度。医疗损害责任属于侵权责任法的的调整范畴,但我国侵权法对医疗损害责任的调整囿于过错责任的藩篱而无法实现对患者医疗损害的填补,由此带来的后果是医患关系紧张,医疗风险无法分散。因此我国应当构建以无过错补偿责任为基础的强制医疗责任保险制度。
The distribution of medical damage liability is the root of medical dispute.Despite the Compulsory Medical Liability Insurance System( CMLIS),which arose from the medical risks faced by patients and medical staffs,it is practically a liability insurance system for redistribution of medical damage liability and risks,balancing the interests and regulating the contradictions between patients and hospitals by the Chinese government. The medical damage liability should be regulated in accordance with the Tort Law.Confined by fault liability,however,the regulation of medical damage liability by the Tort Law fails to compensate the medical damage of patients,which is inducing the difficult relationship between patients and hospitals and the focus of medical risks. As a result,the CMLIS should be established based on non-fault liability in China.
