Duty Of Care Burdened By The Doctors In Medical Contract Relationship

Duty of care of the doctors in the medical contract relationship is the standard to estimate whether the doctors perform the obligations very well or not. It is also put to use to measure whether the doctors need to burden the responsibilities. The main part of the medical contract is the rights and the obligations of both the doctors and the patients. Generally speaking, the doctors will burden more than the patients. The dissension between the doctors and the patients often occurs towards duty of care of the doctors in medical contract relationship. Therefore, it is significant to measure off the duty of care of the doctors very well.The article is composed of four sections. First, starting from the relationship between the doctors and the patients, the article described the basis of duty of care for the doctors. The relationship between the doctors and the patients belongs to the civil law. Generally speaking, there are three kinds of relationship between the doctors and the patients. The first is the medical contract relationship. The second is the voluntary service. And the third is the forced medical treatment relationship. Comparatively speaking,the second one and the third one are rare to see. Medical contract relationship exists more abroad. The main part of medical contract is the rights and the obligations between the doctors and the patients. With the predominant position, it decides the doctors who should burden more obligations. The dissensions between the doctors and the patients are mainly about the duty of care of the doctors. The nature of the dissensions is mostly about whether the doctors perform the duty of care very well or not. Therefore, how to know the duty of care of the doctors is the most important of all.The second section of this article described the reality for duty of care of the doctors in medical contract relationship. Starting from protecting the patients, the article tries to describe duty of care of the doctors in medical contract relationship. By means of the traditional classification of the obligations of the contract, this article divided duty of care of the doctors in the medical contract relationship into three kinds. The first is the primary obligation. The second is the secondary obligation. And the third is the contingent obligation. By analysis of the standard for duty of care of the doctors in medical contract relationship, this article tells us exactly what is the duty of care of the doctors in medical contract relationship. Firstly, we make sure that there is a basic standard to estimate duty of care of the doctors. Secondly, this article describes what are the assistant standards to estimate duty of care of the doctors.The third section of this article provides us with the responsibility of breach of faith for the duty of care of the doctors. In this part, the article tries to make sure what is the duty of care of the doctors by investigation the responsibilities of the experts. The violation of duty of care which belongs to the doctors leads to the responsibility of breach of faith. Because of the risk, the article insists on the duty of care of the doctors as well as the limitation for the responsibility of breach of faith. Aiming at the responsibility of breach of faith, the article talks about the responsibility of breach of faith for the duty of care of the doctors and raises the question that we should regulate the duty of care of the doctors in medical contract relationship very well. Aiming at solving the problem that we should regulate the duty of care of the doctors very well, we raise the question and analyzed it. In the end, we draw the conclusion that we should distribute the duty of care of the doctors very well. We should do something that helps us distribute the duty of care of the doctors very well, neither too much nor too little. At the same time, we should constitute some laws which make the duty of care of the doctors formally. Also we should make the duty of care of the doctors more definite. Then we can obey them very well. Meanwhile we should take action that makes the duty of care of the doctors by the numbers. In this way, the judges can use them more efficiently. We should write down the duty of care of the doctors in proper laws. We should put them into right places as if some of them are not suitable for adopting into laws.