The Research On The Patient’s Right And The Way Of Protection In The Medical Dispute

Medical disputes are considered as a thorny of difficult problem to resolve all over the world and at home.Recently, medical disputes occur in China frequently. According to the Supreme People’s Court, the number of medical disputes in the courts reaches more than 10,000, which influences the stability of the society. This dissertation discusses the protection of the patients’rights, mainly from the aspects of right setting and how to provide effective legal remedies.The first part includes the introduction and the first section. The introduction discusses the background, the meaning, current research situation and the method of the research. The first section discusses the legal theories of the right of the patient. Including what is the patient, the concept and the category of the right of the patient,and also the significace of protecting the right of the patient.The second part mainly uses the legal hermeneutic to discuss the basis of the right of the patient. This includes the second section and the third section. The second section discusses the particularity of the medical action. This section introduces several opinions and the author’s opinion of the concept of the medical action.What’s more, this part also discusses the particularities of the medical actions, including the moral quality, the professional, the risk and the violation of the actions. According to the particularities of the action, the patients have the different rights. This section also discusses the problems accordingly. The third part discusses the orientation of the patient in the patient-physician relationship. At the end of this part, the author conclude that the patient-physician relationship is the concurrent of the contract relationship, the consume relationship, the tort relationship. The character of the patient-physician relationship is not just an arguement in theory, but also an arguement in interest. This part also discusses which kind of identity is more beneficial to the protection of the right.The third part mainly uses the demonstration and the comparative law to discuss the right of the patient and the protection accordingly. The fourth section discusses rights. In the tort relationship, the patient has the informed consent right, the self-determination, the emergency save right and so on. In the contract relationship, the patient has the right of defense. In the consume relationship, the patient has the right of oblige sale and so on.In the fourth part, the dissertation uses comparative law, demonstration and law and economics theory to do the research on the patient’s right protection in the patient-physician relationship. In the dissertation, the author put forward several measures to protect the patient’s right in the medical disputes, including to make the special law, specialization the judges in this area, set up the medical duty insurance system, set up the quick resolve system of the medical disputes and to strengthen the self-protection notion of the patient.