I模式下医疗损害责任分担规则的构建

Construction of Medical Damage Liability Allocation under Model I

I模式下的互联网医院之众多民事主体及其复杂的民事法律关系所产生的问题,一般的医疗损害责任分担规则已难以解决,而当以替代责任为基础,进行内外两次责任分配,即先由多点执业的互联网医院对外承担医疗损害责任,然后医院向医师追偿;若协议约定不明或者没有约定,则按照法定追偿权向有过错的医师追偿,并辅之以医疗责任保险制度。

The problems arising from the numerous civil subjects and the complicated civil legal relations of the Internet hospital under model I are difficult to be solved by the general rules of liability allocation for medical damage.Instead,internal and external li⁃ability should be distributed based on vicarious liability,that is,the Internet hospital with multi-point practice should first assume the li⁃ability for medical damage externally,and then the hospital will seek compensation from the doctor.If the agreement is unclear or there is no agreement,the doctor at fault shall be recovered in accordance with the legal right of recovery,supplemented by the medical liabil⁃ity insurance system.