新颁布的《侵权责任法》改变了之前我国对于医疗事故责任的认定标准不一的混乱局面,对于建立和完善医疗侵权法律体系将起到决定性的作用,在解决法律适用问题和明确举证责任等等方面都有重大的突破。但是,这部法律同时也存在着许多有待于完善之处,需要加以讨论,以便于这部法律的有效实施。 The newly promulgated “Tort Liability Law” has changed the chaotic situation in our country before the standards for medical malpractice determined, which will play a decisive role in establishing and improving the medical tort law system. In resolving the problem of law application and clarifying the burden of proof, etc. There are major breakthroughs in other aspects. However, this law also has many areas that need to be improved at the same time and needs to be discussed in order to facilitate the effective implementation of this law.