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在医闹事件频发、医患矛盾突出的现实情况下,《侵权责任法》对医疗损害责任作出专门规定,较以往的医疗法律法规有了较大的突破与进步。但在实践中仍然有不完善之处。本文通过分析《侵权责任法》中医疗损害责任部分的亮点与不足,探寻相关司法解释出台的必要性与现实意义。
In frequent occurrence of medical malpractice and prominent contradictions between doctors and patients, the Tort Liability Act makes specific provisions on the liability for medical damage, which has made great breakthroughs and improvements over the medical laws and regulations in the past. However, there are still imperfections in practice. This article analyzes the bright spots and shortcomings of the liability for medical damage in Tort Liability Law and probes into the necessity and practical significance of the introduction of relevant judicial interpretation.