本文首先对医疗过错所导致的侵权责任与违约责任的竞合予以说明和介绍,并对医疗过错的概念进行了界定。在第二部分,对医疗过错引起的合同与侵权的竞合关系,从归责原则、举证责任、诉讼时效、赔偿范围、责任承担方式、免责范围几个方面进行了比较。进而指出,就同一事实提出违约之诉和侵权之诉的差异,以及在赔偿范围、免责范围等方面的最新发展和趋势,并在归责原则中对于两种类型不同的医疗合同分别作了分析。文章的第三部分介绍和评析了侵权责任与违约责任竞合的主要学说和处理模式,以及我国的处理模式。文章在最后对我国相关立法的完善提出了建议,即在允许受害人自由选择侵权之诉或违约之诉的前提下,对我国现行合同法的违约责任作扩大解释,将医疗过错的赔偿范围扩大至受害人的非财产损失,同时,以有名合同规范医患之间的医疗服务关系。 This paper first describes and introduces the competing reasons of tort liability and breach of contract caused by medical fault, and defines the concept of medical fault. In the second part, we compare the competing relationship between contract and infringement caused by medical malpractice, from the principle of imputation, the burden of proof, the limitation of action, the scope of compensation, the way of bearing responsibility and the exemption scope. Furthermore, it points out the differences between the lawsuit of breach of contract and the lawsuit of infringement on the same fact as well as the latest developments and trends in the scope of compensation and exemption, and separately analyzes the two types of medical contracts under the principle of imputation . The third part of the article introduces and analyzes the main theory and mode of co-operation of tort liability and breach of contract responsibility, as well as the handling mode of our country. At last, the article puts forward the suggestion to perfecting the related legislation in our country. Under the premise of allowing the victim to choose the lawsuit of infringement or breach of contract freely, this article expands the liability of breach of contract in current contract law in our country and enlarges the compensation scope of medical malpractice To the victims of non-property losses, at the same time, a well-known contract to regulate medical services between doctors and patients.