问题 多项选择题

关于医疗损害赔偿责任的问题,下列哪些说法是错误的( )

A.在进行诊疗前,医务人员已向患者说明可能的风险,在手术过程中出项该风险,造成患者在医疗活动中受到侵害的,医疗机构不承担赔偿责任

B.患者到医院进行相应治疗受到损害的,一般情况下应当由患者自己证明医疗机构及其医务人员有过错,以及证明该过错与损害结果存在因果关系

C.小刘在医院进行手术过程中输血感染乙肝,就此造成的损失小刘只能向血液提供机构请求赔偿,医疗机构可以帮助患者向血液提供机构索赔

D.艾美车祸中右腿受伤严重,一直昏迷,医疗机构一直与其家人联系无果。若不截肢则有生命危险,医院为抢救其生命,经负责人同意实施截肢手术。艾美醒来后痛哭不已,认为医疗机构未经其同意实施截肢手术侵犯了她的权益,医院应当承担赔偿责任

答案

参考答案:A,C,D

解析: A项:医疗机构的说明告知义务。《侵权责任法》第55条规定了医疗机构的说明告知义务。说明告知风险是医疗机构的义务,但并非免责条款,造成损失的仍需根据是否存在过错,有无因果关系等侵权责任构成要件判断是否构成侵权、承担赔偿责任,不应简单认定为不承担赔偿责任。A项错误。B项:医疗诉讼的举证责任。根据《侵权责任法》第54条规定,医疗诉讼的举证责任重新回到原告即患者一方,仅在特殊情况下推定医疗机构存在过错。B项正确。C项:医疗产品责任。根据《侵权责任法》第59条规定,本题中小刘因输入不合格的血液造成损害,既可以向血液提供机构追偿,也可以向医院追偿,最终责任人为血液提供机构。C项认为只能向血液提供机构追偿的说法不正确。D项:紧急情况下告知义务的例外。根据《侵权责任法》第56条规定,艾美当时的情况完全符合本条的紧急情况,可以免除医疗机构的告知义务,医院不因此担责。D项错误。综上,本题选ACD。

阅读理解

While firing off pictures of a curious five-month-old fox, photographer Simon Czapp soon realized his subject had quite an interest in photography herself. The clever fox was so curious about the camera equipment that she climbed right on top of it. And while she was supposed to be the subject of the shoot, the fox stood on the shutter release button (快门按钮) and took her own frames.

Mr Czapp visited the New Forest Wildlife Park to capture images of new arrival Jessie. She has been at the animal park in Ashurst, Hampshire — home to wolves, deer and other animals in 25 acres of ancient woodland — after being abandoned by her mother.

Mr Czapp said, “Jessie was very playful and curious and not at all camera shy. Soon after I arrived she was chewing my shoes and everything seemed to be a game to her. Then she started exploring the camera I had set up on a tripod (三脚架). She balanced her front paws on it and at one point knocked it over.”

He put the camera back on the tripod and Jessie soon jumped back up. At one point she had all four paws on the camera and was keeping her balance. Mr Czapp added, “She jumped up there several times and I realized it could make a good picture. As I was leaving with the public’s viewing window behind me, I thought I heard the camera go off but didn’t think much of it. But when I checked the memory card afterwards, I was amazed to see Jessie had actually taken two pictures of me photographing her. I couldn’t believe a fox had gained an advantage over me! Jessie is a lovely little fox. There were some lovely photos of her but she obviously thought the photographer was worthy of a picture too!”

小题1:The underlined word “frames” in Paragraph 1 probably means “_________”.

A.photographers

B.pictures

C.buttons

D.advantages小题2:What do we know about Jessie from the passage?

A.She arrived at the park five months ago.

B.She lives at the park together with some other foxes.

C.She was sent to the park because her mother left her.

D.She loved the life in the park so much that she left her mother.小题3:What is the RIGHT time order of the following steps in Jessie taking a photo?

a. Jessie pressed the shutter release button.

b. Mr Czapp left the camera to take a photo.

c. Jessie climbed onto the camera and balanced herself.

d. Mr Czapp set up his camera on a tripod.

e. Jessie stood up to look at the back of the camera.

A.d, e, c, b, a

B.a, b, c, d, e

C.c, b, e, a, d

D.d, e, b, c, a小题4:From the passage we can infer that __________.

A.foxes are better at photographing than men

B.some foxes are more friendly than humans

C.Mr Czapp and Jessie took photos for each other

D.Jessie gained an advantage over Mr Czapp in photographing

单项选择题