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近年来医疗纠纷呈上升态势,医患关系在当今社会中日间成为人们普遍关注的话题。患者和医疗机构双方的合法权益都需要得到保护,而处理相关纠纷的法律依据往往存在或冲突或空缺的态势,因此通过对立法等方面的完善寻求双方利益平衡点变成为解决问题的关键所在。2010年7月正式施行的《侵权责任法》在第七章设立“医疗损害责任”对相关问题做了专门规定,无论对以往医疗纠纷法律适用上的二元化问题解决方式的规定,还是医疗损害责任中归责原则的适用问题进行明确,以及第55条和58条在医疗纠纷证明责任分配方面的新规定,对解决医疗纠纷都有重大的意义。《侵权责任法》颁布以及推行的数年来,解决了许多相关的医疗纠纷,也暴露出该法在相关条文制定上的漏洞与不足,这都使得我们“追踪式”地去探寻该法在实践中的适用,并作出相关完善,使得在《侵权责任法》规制下的医疗纠纷解决更为清晰与合理。
In recent years, medical disputes have been on the rise, and the relationship between doctors and patients has become a topic of common concern in the society today. The legitimate rights and interests of both patients and medical institutions need to be protected, and the legal basis for handling disputes often exists or conflicts or vacancy. Therefore, finding the balance of interests between the two parties through the improvement of legislation and other issues becomes the key to solve the problem . In July 2010, the “Tort Liability Law”, which was formally put into effect in July 2010, set up “Medical Damage Liability” in Chapter VII to make specific provisions on related issues. Regardless of the provisions on the solution to the dualization of the legal application of medical disputes in the past, Or the application of the principle of imputation in the liability for medical damage, and the new provisions in articles 55 and 58 concerning the distribution of responsibility for the certification of medical disputes, are of great significance to the resolution of medical disputes. In the past few years since the Tort Liability Law was promulgated and implemented, many related medical disputes have been solved and the loopholes and deficiencies of the law in the formulation of relevant provisions have also been exposed. All of this has led us to “tracing” the law In practice, and make the relevant improvements, making the “tort law” under the medical dispute resolution more clear and reasonable.