医疗事故赔偿责任及法律适用的浅析

An analysis of relief of medical accident and law of implementation

医疗事故在性质上属于侵权责任与违约责任的竞合 ,应允许受害方选择对其有利的救济方式 ;从医疗事故责任的构成来看 ,医疗事故采用过错推定原则有其合理性 ;医疗事故鉴定机构应公正组建 ,以提高其公信力 ;应尽早对现行的《医疗事故处理办法》进行修改 ,将医疗差错纳入医疗事故的范围 ,明确医疗服务属于《合同法》和《消费者权益保护法》的调整范围。

The nature of medical accident is responsible accord of tort and contract violation,so the victim should have right to choose relief that is beneficial to himself.This is fair for medical accident to admit presumption of fault principle.The appraisal comittee of medical accident should be impartially founded to improve fame. Medical Accident Administration that is in force at present should be improved quickly,in which medical mistake should be regarded as medical accident,and medical service should be regulated by Contract Law and Consumer Protecion Law as well.