论文部分内容阅读
因医患纠纷引起的司法诉讼已成为我国当前调整医患矛盾的主要渠道和手段。而在医疗赔偿的诉讼中,患方提起的诉求已形成“侵权之诉”、“违约之诉”两大诉求并存的局面,同时“侵权之诉”亦由“医疗事故”诉由向“人身损害”诉由转变及数量激增,加大了医方法律诉讼成本及经济赔偿数额。本文分析了我国当前最多见的医疗赔偿纠纷两大诉求与适用法律的类型,以及各种诉求原理对医患双方诉讼的利与弊,提出了“认真应诉、以退为进、据理据实、层层设防、灵活善变”的应诉策略。
Judicial litigation due to doctor-patient disputes has become the main channel and means for adjusting the contradiction between doctors and patients in our country at present. In the medical compensation lawsuit, the appeals filed by the affected party have formed the coexistence of the two major demands of “infringement appeal” and “breach of contract complaint.” Meanwhile, the “infringement complaint” also consists of “medical treatment Accident ”to the “ personal injury ”v. By the change and the surge in the number of cases, increased medical legal costs and the amount of economic compensation. This article analyzes the two types of claims and the applicable law of the most common medical malpractice disputes in our country, as well as the advantages and disadvantages of various appeals to litigation between doctors and patients. In fact, layers of fortification, flexible " Responding strategy.