侵权责任法视野中医疗纠纷的法律规制

侵权责任法按照过错责任的基本原则对医患双方的权益进行了界定,实现了对医患双方的折中、平衡保护。但由于原有医疗纠纷处理法律体系尚存,新的程序性规则尚不明确,新法的规定势必导致医疗纠纷的处理面临两难选择。因此,应当建立以司法鉴定为主线,以过错鉴定为核心的医疗损害鉴定机制,同时辅之以医疗纠纷人民调解和医疗责任强制保险制度。

View of Tort Law in the Legal Regulation of Medical Disputes

Tort Law has stipulated the rights and interests according to the principle of mistaking responsibility between doctors and patients,and has realized the balance protection to some extent.Provisions of the new law will inevitably lead to treatment of medical disputes dilemma since the old legal system of medical disputes remain and the new procedural rules is not clear.We should establish medical injury identification mechanism based on judicial identification as the main line and fault identification as the core,accompanied by the medical dispute mediation and medical liability insurance system.