浅谈医疗损害民事责任

关于医疗损害民事责任的性质,有三种学说:违约责任说、侵权责任说、责任竞合说。我国采取了责任竞合说的观点。当患者认为受到医疗损害时,有权选择违约之诉或者侵权之诉。

About the medical harm civil liability's nature,has three theories: The violation responsibility said that the right infringement responsibility said that the responsibility competed gathers said.Our country has had the viewpoint which the responsibility competed gathers said.When the patient thought when receives the medical harm,is authorized to choose the violation to sue or suing of the right infringement.