Preliminary Studies On Some Legal Matters Of Medical Service Contract

At the present, with the rapid development of medical care, medical services are gradually diversified trends, doctor-patient relationship becomes more complex and diverse. And, the incidence of dissension also rose substantially in the sudden, unprecedented tensions between doctors and patients. The current settlement law channels mainly in tort litigation and administrative proceedings, both legal channels focuses on medical malpractice occurs, on the results of the processing of medical harm, rather than on a holistic approach to health care services throughout the entire process is managed and norms, much less be able to fundamentally resolve the contradiction between doctor and patient, harmonious relationship. The concept of medical service contract, it is proposed to remedy those defects, from the perspective of contract law, the rights and obligations between doctors and patients for system specification, thus establishing the medical activities of the code of conduct between doctors and patients. But this is the construction built more equal, fair and orderly way medical order, thereby radically ease and resolve contradictions between doctor and patient, and create a harmonious environment.Articles are divided into major is divided into four parts. The first part of the study summarized and medical services to the basic concepts related to the contract. The article first clarified the relationship between doctors and patients are familiar with the basic legal contractual relationship for medical services. On the basis of a contract for medical services are defined, namely: a medical institution or individual physicians and patients or family members made to maintain patient health or meet your specific medical needs and provide appropriate medical care, patients or their families pay for medical expenses. At the same time medicine science and medical services for the activities of their own characteristics, concluded out of the medical service contract in the contracting phase and implementation phase characteristics: that is the conclusion of the main particularities and ensuring the enforcement of the obligations of the parties, the contract of and uncertainty with respect to the right to self-determination; the second part of the contract of the medical service, the entry into force and termination. Focus by medical doctors and patients of the rights and obligations and performance analysis of current situation, explore medical service contract fulfillment of glitches more prominently inform the medical diagnosis and treatment of obligations, obligations of glitches with informed consent protection status, medical history, hold in the copy process, etc., and to propose appropriate solutions; the third part of the medical services contract, focusing on the special conditions for the analysis of the system before signing on the medical contract and the impact of the legal value and present defects; the fourth part discusses medical service contract breach, as well as with the issue of concurrent liability in tort. Finally, in conclusion, once again, clear the purpose of the research papers and the main point is: the spirit of the contract of and norms to regulate the relationship between doctors and patients, putting together the body of the medical service contract, content, specifications, it has entered into and performed more system effectively clear rights and obligations between doctors and patients, building equality, equity, ordered by the medical order. And propose appropriate legislative proposals, should be considered first of all medical services contract with the provisions of the famous through the perfection of the applicable laws and regulations, to adjust and standard medical services contract, guarantee and improve the quality and effectiveness. For example, the perfect medical management rules and regulations, to optimize treatment processes, establish oversight mechanisms, strengthening the duty of ensuring the diagnosis and treatment; and to strengthen the obligation to inform the medical supervision and management; simplifying medical records of photocopying and hold program to improve the fairness of the process of medical hold, transparency and credibility; preoperative signature system legislation, further clarification on the types of medical institutions can enjoy medical initiative, preoperative medical damage immunities as well as the informed consent form signed by the principal.