Legal Research On Relationship Between The Medical Institution And Patient

Life and health are the most valuable to human being. Physician-patient harmonious relationship is related to the vital interests of individual. Now, the relationship between doctors, medical institutions, and patients showing a trend of unprecedented tension, with the lack of trust to medical institutions, medical institutions are struggling with health care disputes, both sides are suffering. Doctors and patients, in particular, the protection of rights and interests of patients has become an urgent social problem needs to be resolved, the protection of patients'rights and interests should be a concrete manifestation of the rule of law.The paper studied the Physician -patient relationship from a legal point of view. First of all, defined the concept, characteristics and types of physician-patient relationship, stated that the relationships is established in the disease and preventive health care of the rehabilitation between the medical group which consists of physician, nursing, medical technicians, medical institutions and patient-centered medical group. With the characteristic of Common purpose, the asymmetry of forced contracting, and the contents of uncertainty, with the types of Physician-patient contract, medical relations and mandatory medical relations. Secondly, through a comparative study of the theory at home and abroad, with the analysis of shortcomings reasonable views of the theory, physician-patient relationship should be relationship of civil law. Then, the main body of the physician-patient relationship, content, object were analyzed respectively, specified the rights and obligations distribution of both sides, and defined the concept, characteristics, category of the medical treatment as the object of the relationship. Finally, the paper stated the current status of China's physician-patient relationship in detail, put forward the promulgation of "physician-patient relationship and medical Practices Act", with the focus of the existing legislation biased position in the relations, dispute settlement mechanism of the defects and medical liability insurance system deficiencies and other issues. Improve the medical identification system and the promotion of medical liability insurance system solutions. According to the actual situation, focusing on the protection of the legitimate rights and interests of patients, so as to provide legal protection for constructing a harmonious relationship.