On The Rights Of Patients

Nowadays is a period when personal right is being stressed more and more and the patients' awareness of theirs rights in hospital is increasingly strengthened. There are more and more disputes between patients and the hospital authorities and as a result of the lack of sound rules, and the patients' rights need to be clarified theoretically and confirmed legally. This thesis starts with patients' rights and focuses on the protection of the rights. The whole article is divided into three parts besides the preface and conclusion.Chapter one inquires into the relations between patients and the hospital authorities. First of all, the conception of patients and hospital authorities are made clear from the view of law. Then it is furthered economically and legally, concluding that the relations between the patients and the hospital authorities should be one medical treatment service contract to be regulated by the civil law, it can be classed as medical treatment service contract relation, unconsigned management, and the forced medical treatment relation on the basis of various facts produce the relation, which bears different qualities compared to other civil law relations. Chapter two mainly deals with the patients' rights. By analyzing12 provisions in the American Patients' Right Bill , the development process of valuing patients' right is clarified. The patients are always placed in the minority position in the medical treatment activity. The necessity and the actuality of the protection of patients' right is also discussed; at the same time, more attention should be paid to the protection of the patients' rights, to the social minority community, which can certainly restrain monopoly and show the social justice. 14 patients' rights are listed and analyzed such as the personal rights, the rights to get equal medical treatment, to make decisions by themselves, to know what happened and agree or disagree, to check and copy the medical treatment files, etc.Chapter 3 inquiries into the patients' right protection. Three kinds of helping methods are discussed: criminal responsibility, administrative responsibility, and the civil responsibility. The stress is placed on the concepts and features and the law application when the patients' rights are violated, at the same time, 5 proposals are put forward in order to improve the current laws. It is also suggested that an independent law, The Patients' Rights Protection Law, should be passed by the National Peoples Congress, or the medical treatment injury indemnity method, a special rule to regulate the disputes. The medical treatment insurance system, social salvage systems and public salvage funds, public hygiene system should also be established as soon as possible so that the stable medical treatment opportunity to the minority community can be guaranteed.