Research On Internet Medical Service Contract

Medical problems are a major event that affects people’s livelihood.However,medical resources have always been unreasonable in the distribution and allocation of regions."It is difficult to see a doctor and see a doctor" has become a major event influencing the people’s livelihood.In recent years,the emergence of Internet medical treatment has alleviated medical problems to a certain extent.However,as a new thing,many legal regulations related to Internet medical care are not perfect and not in place.This has also led to differences in many aspects of the Internet medical service contract in practice.For example,the determination of the relevant subject liability is not clear,and the conclusion of the termination of the contract is not clear.This article takes the Internet medical service contract as the research object,based on theory and practice,elaborates from four parts.The first part describes the status quo and legislation of Internet medical services.It provides a detailed explanation of Internet medical treatment,clarifies the situation of Internet medical treatment,can understand the Internet medical service contract more clearly,and then analyzes the types and characteristics of Internet medical service contracts.The different roles of the three-party Internet platform divide Internet medical service contracts into two categories,one is the intermediary service contract that regards the platform as an intermediary,and can be subdivided into drug sales contracts,patient consulting service contracts,etc.according to different service models.The other is the medical service contract for the platform to provide direct service providers,and then analyzes the legal regulation of Internet medical services at home and abroad,and provides some suggestions for disputes arising from Internet medical service contracts.The second part mainly discusses the legal issues involved in the Internet medical service contract,and analyzes the three subjects involved in the contract and their corresponding rights and obligations.The main body of the Internet medical service third party platform is identified here and its rights.Obligation,because the platform is the biggest difference from the traditional medical service contract,and also the key to resolve the Internet medical service contract dispute.Then it analyzes the establishment and termination of the Internet medical service contract,focusing on the particularity of the invitation and commitment in the contract establishment.The establishment of the contract is based on the actual medical services provided,and the termination of the study has investigated several common situations.The third part describes the liability for breach of contract and damages for Internet medical service contracts.According to the role of the third-party Internet medical service platform,the liability for breach of contract and damages are not the same.If the platform assumes the role of the operator,the platform does not conduct a detailed review of the medical institutions that provide services for the patients and the qualifications of the doctors themselves,and fails to ensure the safety of the patients during the medical consultation process,thereby causing damage to the patients,and should bear the corresponding Responsibility.If the platform assumes the role of the actual provider of medical services,if it is responsible for fulfilling the medical services,it will assume corresponding responsibility within the scope of its breach of contract.The patient may be required to compensate for the damage suffered by the different service modes.The fourth part is to make their own suggestions for the problems in the Internet medical service contract.In the Internet medical service,both doctors and patients often cannot see and touch,and more rely on the Internet platform to communicate,so it is particularly important to save the regulation of third-party platforms when damage occurs.From advocating and encouraging e-commerce platform operators to establish commodity and service quality guarantee mechanisms,setting up consumer rights protection funds,and establishing first-line liability for compensation,they put forward their own suggestions.