Research On The Legal Regulation Of Clinical Overtreatmant

Medicine is a practical and empirical science which is built on the basis of existing experience. The development of medicine is taking some groups'injury as expense, that is why today's society has a more developed medical technology, but its characteristics are destined to the infinity of its development.Since the reform and opening-up, not only the national economy but also the people's livelihood has been considerably developed, the standard of living of people improved significantly as well. Reviewing the three decades of reform and opening-up, the results are positive, the problems objectively exist however. Along with the reform and opening-up gradually in-depth, doctor-patient relationship has changed from close to unfamiliar, to cold and even suspected and confrontational. The problems such as"medical trouble","costly medicines","irrational prescription","unaffordable treatment"and so on, always plague doctors and patients, which also lead to doctor-patient disputes and litigations. Considering the reasons, individual doctors lack ethics, some patients have inadequate knowledge of their disease, all of this affects doctor-patient relationship, and the shortcomings of medical system aggravate the tension.According to the survey, costly medical services are a major reason for patients'dissatisfaction. The clinical overtreatment is the primary cause factor. This dissertation analyzes and studies the current situation of excessive medical care. There are three parts: the definition and classification of overtreatment are expatiated at first, followed by its nature and harm; then the causes of clinical overtreatment is analyzed from legislation, judicature, administration, and other aspects;finally, some suggestions on laws and regulations are put forward by the author, for example, legislation should be further perfected, government should increase input on health care, practical standards of medical industry should be regulated, both doctors and patients need to be educated, and public propaganda needs to be corrected and etc.