医疗损害社会化分担之法理基础

医疗损害与医疗意外在导致人身损害发生的责任归属上存在不同,因此,医疗损害社会化分担应当适用不同途径。对于医疗过失导致的医疗损害,通过医疗责任保险分担风险;对于不可归责于医方的医疗意外,通过医疗保险分担风险,这也是国家承担对国民提供社会安全保险的义务与责任之所在。

The Legal Basis of the Socialized Distribution of Medical Injury

medical injury cause of medical misadventure,how to distribute legal responsibility and risks,that is according to violation of medical treatment duty or not.When medical injuries can be attributed to the negligence basis,a major approaches for spreading medical liability for hospital is mandatory liability insurance,if medical injuries are because of non-fault act basis,the reality method for distribution risks is perfect the mechanism of medical insurance system.Providing medical aid and setting up social security system for these patients who can not afford huge medical expenses,these are the national obligations and responsibilities.