The Relation Of Doctor-And-Sufferer And The Civil Liability In Medical Dispute

Medical dispute has come to our attention in recent years. How to treat with the relation between doctor-and-sufferer involves not only the rights and interests of doctors and sufferers, but also the development of our medical care system. The state council promulgated The Regulations For Handling of Malpractices in 2002, to redefine the signification of definition of medical dispute. In the same year, the Rules of Evidences In Civil Action of Supreme People's Court stipulated the rule of inversion of burden of proof in medical dispute. On them, strong reverberation was exploded and hasn't been ended till now.This article presents the viewpoint that the relation of doctor-and-suffer is depending on contract, and discusses the character of the contract to tables the proposal that the opinion of mixed-contract is more reasonable. On the question of ascertaining the civil liability in medical dispute, the opinion in this article is that it's tort liability, and the opinion of professional responsibility is put forward to make sure the civil liability more reasonably. The rule of inversion of burden of proof in medical dispute was legislated to protect sufferers better, but it resulted in much negative effect instead because it has neglected the special characters of physic. There lacks medical law in out country now, so that there're not enough operable principles in process in dealing with medical dispute. The rights and liabilities of doctors and sufferers must be legislated to make them acknowledged legally to protect sufferers, regularize the relation of doctors and sufferers, and avoid medical disputes.There're 3 parts in this article. The first one differentiates each factor in medical dispute, and makes certain their definition, significations and types. The second part discusses the legal character of relation of doctor-and-sufferer then makes certain that the legal character of medical contract is a kind of mixed-contract. Then the contents of the contract are concluded and set out. The third part discusses the civil liability of medical dispute mainly, and tables a proposal that tort liability should be chose to protect the rights and interests of patients. After the viewpoint of professional responsibility is brought forward, the rule of inversion of burden of proof in medical dispute is questioned and some opponent viewpoints are put forward. Then the opponent opinions of the rule of inversion of burden of proof in medical dispute and some advices are proposed finally.