Abstract: Based on both positive and negative influences on medical tort liability,which was stipulated in Tort Liability Law,the legal application in medical disputes was expatiated.By analyzing physician-patient legal relationship,the legislation trend of building a harmonious physician-patient relationship through tolerating the medical stuff while remedying the patients' rights was promoted.

Key words: medical dispute, medical tort liability, legal application

摘要： 分析医疗损害责任纳入《侵权责任法》积极和消极意义的基础上,阐述了医疗纠纷的法律适用,并从解构医患法律关系入手,提出了坚持医疗纠纷中对医方宽容与对患者救济并行,构建医患法律关系的立法趋势。

关键词: 医疗纠纷, 医疗损害责任, 法律适用