受害人因可归责于他人的事由而增加未来罹患疾病风险但现在尚未发病的情况下,允许其提起将来医疗检查费用之诉具有正当性。对此种损害赔偿虽有诸多批评,但这些批评均指向其可行性。通过借鉴美国的经验、教训设置妥善的限制措施,可以在一定程度上扬长避短,充分发挥侵权法的救济功能。 The victim is allowed to raise the costs of future medical examinations by raising the risk of future illness because of the blame for others. Although there are many criticisms of such damages, these criticisms point to their feasibility. By drawing lessons from the experience of the United States and setting proper restrictions on the lessons learned, we can, to a certain extent, avoid weaknesses and give full play to the relief function of tort law.