损益相抵规则虽在我国立法尚无明文规定,但在司法实践中已经普遍适用,损益相抵规则在适用过程中的难点是其适用范围和标准判断。保护性约束致损赔偿作为医疗损害赔偿的一种,法律性质上是违约责任和侵权责任的竞合,且保护性约束有效制止了患者在冲动时意外事件的发生,避免了患者及家属对因意外事件发生应承担的相关责任,获得了间接的额外利益,属于损益相抵规则的适用范围。 Although the rules of p & amp; p profit are still not expressly provided in the legislation of our country, they have been generally applied in the judicial practice. The difficulties in applying the rules of P & L are their scope of application and standard judgments. As a kind of compensation for medical damages, the nature of the law is that of the liability of breach of contract and the liability of tort, and the protective restraint effectively stops the occurrence of unexpected events when the patient impulsively and avoids the patients’ The related responsibilities that should be borne by the accident happened indirect indirect benefit, which belongs to the applicable range of the rules of profit and loss.