【摘要】 《医疗事故处理条例》对原《医疗事故处理办法》进行了重大的调整。明确并坚持了三个最为重要的基本原则,即合法性原则,公开、公平、公正、及时、便民原则,预防与处理并重原则。并在此基础上取得了理论和实践新的进展,主要体现在七大方面。在未来的实施过程中,应处理好三个重要问题:医疗过失认定的标准问题、人民法院处理医疗事故纠纷的法律适用问题及医疗损害赔偿的举证责任分配问题。更多还原

【Abstract】 Compared with the previous Methods of Settlement of Medicine Malpractice, there is significant adjustment made in Regulations on the Settlement of Medicine Malpractice, which clarifies and adheres to three fundamental principles, that is, the principle of being legal; the principle of publicity, fairness, convenience, and being easy to be implemented; the principle of equal importance to the prevention of Medicine Malpractice as well as its settlement. Based on these principles, great progress has been achieved both theoretically and practically, which are reflected in seven aspects discussed in the paper. In implementing the Regulations, three prime problems should be given due attention, including the determination of the responsibility of the malpractice; laws employed to judge the malpractice in court; and the share of the duty of proof.更多还原