论过错赔偿原则在医疗纠纷处理中的应用

生命健康权是人最根本的权利,在医疗纠纷中无论发生何种侵权行为,只要损害公民的生命健康和财产都必须进行救济和赔偿。医疗纠纷可以通过诉讼、非诉讼两个途径来解决。过错责任原则是我国民法确立的对医疗侵权行为造成损害予以救济的基本原则,是法治社会对人权提供的最基本法律保障。在刑事附带民事诉讼活动中过错赔偿原则通过刑法的非刑罚处理方法体现出来,在追究被告人刑事责任的同时受害人可以从中获得经济赔偿。

A Study on the Application of Compensation Principle of the Fault in the Medical Disputs

The life and health right iss the basic right of a man.Whatever behavior of damaging the right happens in the medical dispute,the relief and compensation must be done as long as the life,health and wealth of a citizen are hurt.The medical dispute can be solved in the way of litigation and non-litigation.The responsibility principle of the fault is in the primary principle which is established by the civil law.in order to relieve the damage made by the medical behavior of damaging the right and is the most primary legal assurance provied to the human right by the saiety of rule of law.