摘要
侵权责任法实施后,医疗事故概念面临民事责任领域被弱化、行政责任领域被空位的局面。为重新找寻医疗事故在侵权责任法实施后的正确定位,在充分认识到医疗侵权损害存在民事责任与行政责任的聚合、医疗侵权损害民事责任与行政责任应当彻底分界的基础上,提出医疗事故应当重新回到行政责任概念,在此观点上对医疗事故进行了重新定义并在定义中区分了严重不负责任和重大技术缺陷的类别,强调了应受行政处罚性的特征。
The concept of medical malpractice is facing with the problem that its connotation of civil liability has been weakened and its connotation of administrative liability has been vacant ever since the implementation of the Tort Liability Law. In order to find out the correct position of medical malpractice after the implementation of the Tort Liability Law, this paper proposed that medical malpractice should be back to the concept of administrative liability, and redefined the concept of medical malpractice which emphasizes on administrative penalty based on full awareness of the fact that medical tort damage consists both civil liability and administrative liability, and that the two liabilities should be separated in medical tort liability. Besides, the type of seriously irresponsibility and significant technical defects was distinguished in the paper.
出处
《中国卫生法制》
2012年第2期55-57,共3页
China Health Law
关键词
医疗事故
定义
行政责任
民事责任
Medical malpractice
Definition
Administrative liability
Civil liability
