Legal Attribute Of Medical Trouble Relations And Constitution Analysis About Medical Mistake

Medical trouble relations are right-obligation relations about suffererand medical establishment and medical personnel, which occurs in the courseof diagnosis and treatment. What the law attribute of medical trouble relationsis, the scholars have different assertions. Most of the scholars think itbelongs to the civil legal relations, further and definitely, some scholarsthink it is the consumption legal relations or the contract legalrelations. Also there are scholars think it belongs to the administration legalrelations.Some scholars think it is neither the administration legalrelations nor the civil legal relations, but independent inclined the healthlegal relations. The last two standpoints are not accepted by most scholars,and they are deviate from the judicial actual situation.Medical trouble relations inchds two aspects, namely special medicaltrouble relations and general medical trouble relations. The special medicaltrouble relations, includes preventing and curing infectious disease, meetingan emergency contents with abrupt public hygiene affairs, population andplanned parenthood policy management, etc. its legal attribute is theadministration legal relations. This point, the theorists' opinions areconsistent. The general medical trouble relations, its content is generaldiagnosis and treatment, its legal attribute, is the civil legal relations.This article analyzed three important characteristics to medical troublerelations. First, the main body behavior is the fact behavior, the factbehavior causes the medical trouble relations the occurrence, the change andthe elimination; Second, without a doubt, bilateral right, voluntaryrealization and national interest related, tripartite benefit balance are grasped by medicinal prescription hand; Third, in the medical troublerelations the medicinal prescription is in at business superintendent'sstatus.This article believed that, the general medical trouble relations are thecontract of bailment. The so-called contract of bailment, acts according tothe agreement, a side handles business for other side according to thecontract. The medical trouble contract of bailment, is the medicinalprescription is entrusted by the patient, the medicinal prescription managesthe patient life and healthy business according to the contract.While asking for a diagnosis, the patient entrusts the medicinalprescription in curing the business of life and health; while diagnosisingthe patient,the medicinal prescription accepts the request, thus starts tomanage the process. The medical trouble contract of bailment takes thebilateral trust as a foundation, is an entrusting contract, not -want -typecontract. According to the custom of transaction, the medical troublecontract of bailment is the paid contract.The theory that the law attribute of medical trouble relations is thecontract of bailment is an answer to one of the basic questions in the healthlaw. It will exist active theory meanings in some aspects, such as health legaltheory construction, health business reformation, and harmnoins medicaltrouble relations establishment.When researching about medical mistake, firstly, we should understand "theincident of malpractice"."The incident of malpractice" belongs to the medicalmistake, a more serious aspect.This article analyzed the constitution of the medical mistake from severalaspects. First, medical mistake main body. The medical mistake main bodygenerally refers to the medical establishment; Second, mistake behavior. Itrequests the medical establishment and the medical personnel have thesubjective mistake psychology. The mistake is divided into the careless mistakeand the too self-confident mistake; Third, harmful consequence. If the harmfulconsequence does not exist, which cannot establish the medical mistake. Fourth,the mistake behavior and the harmful consequence have a cause and effectrelation, It includes four kinds of forms, such as a because of one fruit, abecause of many fruits, many because of one fruit with many because of manyfruits...