The Research On Medical Contract

This thesis gives profound analysis to the related theory of medical contract, in order to grasp the essence of medical contract as a whole, which provide a platform for the solution of medical dispute. This thesis altogether consists of four chapters:The first chapter is the introduction of medical contract. Firstly it briefly introduces the definition and classification of the medical contract, also mainly discusses the nature and features of medical contract.The second chapter is about the making of medical contract. This chapter mainly analyze the subjects of the medical contract, couple with the establishment, the validity and termination of medical contract. According to traditional theory of contract law, the patients' proposal constitutes an offer and that doctors' assent to diagnose constitutes an acceptance .The third chapter is the content of medical contract. This chapter mainly discusses the rights and obligations of two parties under medical contract, The obligations of doctors are classified as fundamental contract obligation, subordinate and attached obligations, the obligations which patients undertake are to pay medicine fees and cooperate with the doctors during treatments, etc.The fourth chapter is about the liability for the breach of medical contract. The first sector mainly introduces the basic matters related with the liability for breach of contract such as the subject of liability, the component of liability, the manner of liability; the second sector of the chapter discusses the related question about compensation for the emotional injury; The last, it comparatively analyze the liability for breach of medical contract which is in favor of solving medical disputes.The objective of this thesis is to make an thorough discussion about the related matters of the medical contract, to manage society to recognize the conception of the medical contract, and to try to decrease the increasingly conflicts between the doctors and patients, making our society a more harmonious one.