对低治愈率、低存活率疾病而言,因过失医疗行为致使患者生存机会或治愈机会进一步减少,进而造成死亡或残疾后果的,医疗机构应承担侵权责任。我国对此类医疗纠纷的处理尚无定论。机会的丧失应作为单独损害来归责,将机会利益纳入侵权法所保护的客体,患方只要证明其所丧失的机会利益与医方行为之间存在因果关系即可。至于损失的计算,应采取比例赔偿原则,通过概率论统计出的比率结合主观计算方法对机会减损的价值进行评估。 For the low cure rate, low survival rate of the disease, due to the negligence of medical behavior resulting in patients with further opportunities for survival or reduction of cure, resulting in death or disability consequences, medical institutions should bear the tort liability. The treatment of such medical disputes in our country is inconclusive. The loss of opportunity should be attributed as a separate injury, incorporating the opportunity benefit into the object protected by the tort law, and the patient can prove that there is a causal link between the opportunity benefit lost and the medical act. As for the calculation of losses, the principle of proportionality compensation should be adopted to evaluate the value of the opportunity impairment through the ratio of the probability statistics and the subjective calculation method.