On Medical Dispute Problem

The relationship of doctor and patient is a kind of typical socialrelationship. The author takes it as a legal relationship of civil law.The first chapter discusses the concept of medical dispute and the nature on therelationship of hospital and patient, that is the relationship of hospital and patientis a legal relatioship of civil law rather than consuming relationship, simpleequivalent symbol could not be quoted when explaining its similarity anddifference comparing with relationship between enterprise and consumer due tomedical service could never be regarded as life consuming service. Therefore,Law on Protection for Benefits of Consumer shall not apply to this medical curerelation. This relationship of hospital and patient bares the characteristics ofagreement. The second chapter mainly focuses on the principle of assumption ofresponsibility in medical dispute and elaborate the issue from the point of civillaw, the secod sector of the second chapter relates the concept of the principleof responsibility assumption by the way of fault deduction and the related legalregulations and further analyse the reason of application of the principle.The third chapter focuses mainly on application of liability for thebreach of contract and liability for the breach of legal rights and the issue of prosecution when the two liabilities concur. Thesubsequet chapter relates compensation scope in medical dispute suchas the principles of time limits, balance of losses and benefits,compensation of negligence etc, and at the same time put forwardsuggestions on enacting related law. As to the issue of enacting lawon compensation issue of medical malpractice, the layout, arrangementand contents should be the prime issue to be concerned ono The authorconsiders that it's necessary to enact law on compensation of medicalmalpractice individually, among which object adjustment, therelationship of rights and obligations, principle of responsibilityassumption and liability on fact-proving etc should be the primecontents.The purpose of the article is to better adjust relationship ofhospital and patient; protect legal rights of both parties and lessenconflicts caused by medical disputes.