医疗侵权损害赔偿的限制规则

因医疗侵权行为引起的损害赔偿问题,司法解释采取了以是否构成医疗事故为依据适用不同法律法规的制度,引起较大争议。作为一种侵权行为,医疗侵权造成患者损害的,应以全部赔偿为原则,辅之以过失相抵规则和衡平原则。对患者因医疗行为带来的损害,医疗机构原则上应全部予以赔偿;由于患者本身的原因与医疗过错共同作用造成损失的发生和扩大的,应适用过失相抵规则,适当减轻甚至免除医疗机构的赔偿责任;在精神损害赔偿方面,还应当考虑医疗机构的过错程度和偿付能力等因素,适用衡平原则。

Study on the medical tort compensatory

Because the medical service abuse of authority causes the damage compensate question, the judicial interpretation has adopted by whether constitutes the incident of malpractice to be suitable the different legal laws and regulations for the basis the system, causes loudly disputed. As one kind of abuse of authority, the medical right infringement creates the patient to harm, should take the completely compensation as the principle, auxiliary by contributory negligence rule and balance principle. Because the medical behavior brings to the harm which the patient, the medical establishment in principle should give to compensate completely; Because the patient itself reason and the medical mistake affect together causes the losses the occurrence and the expansion, should be suitable the contributory negligence rule, suitably reduces even avoids the medical establishment the compensation responsibility; In spirit damage compensate aspect, but also must consider the medical establishment the mistake degree and reimburses factor and so on ability, is suitable the balance principle.