现有法律表明医疗侵权诉讼应适用过错责任原则

Application of the liability doctrine to medical tort lawsuits as stipulated by existing legal rules

当前 ,医疗侵权诉讼案件数量不断上升。适用何种归责原则判决案件直接关系到医患双方的合法权益 ,根据《民法通则》的规定 ,医疗侵权诉讼属于一般损害赔偿案件 ,应当适用过错责任原则。作为行政法规的《医疗事故处理条例》明确了不属医疗事故不赔偿的原则 ,进而确立了过错责任原则在医疗侵权诉讼法律适用方面的唯一性。另外最高人民法院司法解释、民事审判政策、地方法院规定均体现了医疗侵权诉讼适用过错责任原则的精神。因此 ,依据当前的法律规定 ,医疗侵权诉讼应当适用过错责任原则。

With the rising number of medical tort lawsuits at present, the lawful rights and interests of both hospitals and patients depend very much on the kind of blaming doctrine used in deciding the cases. According to the stipulations in the General Rules of the Civil Law, medical tort lawsuits are categorized as ordinary cases of compensation for damages. Hence the appropriateness of the liability doctrine. The Rules for Handling Malpractices, which act as administrative laws and regulations, specify the doctrine of no compensation for cases that are not malpractices, thus establishing the uniqueness of the legal application of the liability doctrine to medical tort lawsuits. In addition, the spirit of applying the liability doctrine to medical tort lawsuits is embodied in the judicial interpretations of the Supreme Peoples Court, the civil trial policies, and the stipulations of the local courts. It can thus be said that in accordance with existing legal rules, it is appropriate to apply the liability doctrine to medical tort lawsuits.