Relief That The Medical Rights Of The Person Damage

People from born to death, will is it get in touch to happen with medical treatment, medical behavior in mankind ancient social phenomenon that society store in right away. The medical treatment only at that time was extremely simple and crude, the mankind fought with disease by one's own resistance mainly. With the continuity of the times, people are accumulating experience constantly from life, medical knowledge is more and more abundant, by modern times when science and technology change with each passing day , develops at full speed, medical science got unprecedented development especially. Medical technology sets foot in the enlargement of the field , development and utilization of new technology , new products , new medicine, make the medical behavior that can't be imagined in the past all become reality, on the other hand, with the development of society, the upsurge of human rights consciousness, people's requisition for medical care improves day by day, so, the medical dispute increases day by day, some patients think that the hospital has damaged one's own right in the course of making a diagnosis and give treatment, do not I wonder how to safeguard, still look for the hospital noisily blindly , has upset the medical order , social stability seriously. How solve dispute of doctors and patients well, dissolve social contradiction , become one expected winner and heavy topic of society at present.This text plans to pass the particularity , forming of doctors and patients' both sides' medical service contract relation and analysis of the content to the medical behavior, seek the essence of the relationship between doctors and patients, combine "medical crash handling regulations " and other relevant laws and regulations , judicial explanation that the State Council announced in April of 2002, and then think to suffering from that the patient is damaged by the rights of the person because of the medical behavior, take the principle, basis , procedure, consequence of various kinds of remedies to carry on more detailed analysis, is it suffer from to guide and then choose to seek to relieve , is it suffer from square legitimate rights and interests receive maximum protection to make, hospital to bear due duty their , make caused by medical behavior personal compensation for damage dispute under doctors and patients too, get comparatively satisfactory settlement, safeguard the stability of the society , the development of the guarantee health care industry.This text sketch medical certainty and some situation to punish course that dispute take place partially.Second part Expound the fact medical service contract and other difference of contract from medical establishment and subject , content of contract respect of service contract, the flaw of the medical service contract, the inadequate natural endowment that just exists while establishing because of it, degree of difficulty that has just caused the medical service contract dispute to deal with.The third part Combine medical service contract concrete conditions that dispute produce expound the fact how about suitable to apply " general rule of the civil law " of our country after medical behavior cause rights of the person damage, " contract law " and other relevant laws and regulations , rule , system , relevant questions that relieve rules.The fourth part The particularity and causing the rights of the person to damage in certain cases from the medical behavior is equally angles of a kind of tort, explain medical behavior in hospital form malpractice and at the malpractice of committing separately, principle , basis , procedure and consequence that the victim is relieved.The fifth part Relieve to victim through different way result received compare, choose to relieve the way to direct to the victim concretely.The sixth part Propose that the author is to some suggestions preventing doctors and patients' dispute . Hope that the relevant department works according to theability , cares about common persons' vital interests , safeguard patient's rights and inte...