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目前,医疗损害事故层出不穷,医患关系较为紧张,为缓解这种紧张关系,医疗责任保险和医疗保险发挥着重要的作用。本文指出在发生医疗损害事故以后,医疗责任保险和医疗保险作为对受损患者的救济方式,应当厘清二者之间的关系,以期协调医患之间的关系。除此以外,本文也将探讨我国侵权法归则原则对医疗责任保险和医疗保险之间关系的影响,并且提出了制度架设。
At present, the medical damage accidents emerge in an endless stream, and the doctor-patient relationship is rather tense. To alleviate this tension, medical liability insurance and medical insurance play an important role. This paper points out that in the event of a medical injury accident, medical liability insurance and medical insurance as the remedy for the injured patients should clarify the relationship between the two in order to coordinate the relationship between doctors and patients. In addition, this article will also explore the impact of the principle of attribution of tort law on the relationship between medical liability insurance and medical insurance, and put forward the institutional setup.