论医疗损害违法行为与损害后果之间的因果关系

由于医疗过程的复杂性与人类认识能力的局限性,在认定医疗损害的违法行为与损害后果之间的因果关系时更会遇到很多的困难.笔者认为,在探究治疗行为与损害结果因果关系的过程中,应按照二分法的一般规则,在步骤上,分二步走.首先,考察事实因果关系,其次,考察法律因果关系.特殊情况下运用相当因果关系及盖然性加以认定.其中,占据最重要地位的是盖然性因果关系理论.

Of the Relations Between the Lawbreaking Behavior in Medical Treatment and Its Injury Effect

Because of the complexity of the medical treatment and the limitedness of human cognitive ability, many difficulties can occur while identifying the cause and effect relations between the lawbreaking behavior and the injury effect of medical treatment injuries. From my point of view, in the investigation of the cause and effect relations between medical treatment behavior and injury effect, we should follow the common rule of dichotomy, and two steps can be observer: First, the investigation of factual cause and effect relations; Second, the investigation of juristic cause and effect relations. Under specific circumstances, equivalent cause and effect relations and probability should be employed in the identification, of which the latter is the most important one.