以公共服务定位司法解决医疗争议——应对医疗侵权限额赔偿

通过分析我国目前的医疗体制,解读以公立医院为主体的我国卫生医疗社会保障系统的公益性质,结合医学科学的特点和我国侵权责任法的相关条款,探讨通过以公共服务定位医疗机构的社会责任,从而对医疗侵权行为实行限额赔偿的可能性和必要性。

Public Service Location of the Judicial Settlement of Medical Disputes: Limitation of Compensation for Medical Tort

Through the analysis of present medical system of China, public welfare in public hospital, as main body of Chinese health social security system, is explained. And through combining with the specialty of medicine and related provisions of the tort liability law of China, how to locate the social responsibility of medical institutions through public service is explored to practice the possibility as well as the necessity of the limitation of compensation for medical tort.