Study On Legal Problem Of Medical Dispute

Medical acts are with high risk, which makes the hospitals and patients shall burden certain risk. Once the risks happen, the disputes will be inevitable. Therefore, the study on the handling with relationship of hospitals and patients and these medical disputes is of great theoretical and practical significance. The relationship between hospitals and patients can be divided into the positive medical relationship, compulsory medical relationship and obligatory medial relationship. And as for the legal characters of relationship between hospitals and patients, the theoretical circles hold different viewpoints about it. There are mainly four kinds of theories, the dissertation agrees with the viewpoints that the relationship between hospitals and patients is the legal relationship of civil contract. The characteristics of medical contract are: the compulsory engagement; various and changeable contents; timely performance; mutual obligations and remunerative contract, and certain postponing characteristics. Both parties of hospitals and patients have their own rights and obligations. Medical disputes are the disputes between both medical parties in the course of medical services. The medical dispute is made up of the subject, object and content. The basic reason for the occurrence and increasing of the medical disputes lies in the conflict of interests between hospitals and patients. Medical disputes can be divided into medical malpractices disputes and non medical malpractices disputes. The settlement of medical disputes shall base on the principle of justice, fairness and openness. There are three kinds of ways to settle medical disputes nowadays: 1 settlement by negotiation; 2 administrative mediation; 3 civil procedures. In the handling with medical disputes, testimony conclusion is of great function, and the current testimony system needs reforming. The civil liability for medical disputes is either liability for breach of contract or tort liability, and there is concurrence between the two kinds of liabilities. After the occurrence of act of breach of contract, the defaulting party shall bear the liability for breach of contract. For the medical tort acts, we shall apply the liability for wrongs, and shall not blindly follow the liability for non-wrongs adopted by western countries. The civil compensation for medical damages shall include the compensation for property damages and compensation for mental damage, compensation for property damages shall be differently treated with according to different degrees and conditions, meanwhile only the directive victims can claim for compensation for mental damages.