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On The Nature Of The Doctor - Patient Relationship And Legal Regulations

Posted on:2005-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q B YouFull Text:PDF
GTID:2206360125957882Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper discusses a sensitive topic of the dispute between doctors and patients, which is a great concern to everyone. No one can escape by luck from falling ill since he eats various kinds of food. Therefore, it is not only an issue of medical management, but also a job for the health care workers to pay close attention to the legal nature of the relationship between doctors and patients and to the reform of the medical system. Before describing the relationship between doctors and patients, I would define the category and the characteristic of the relationship between doctors and patients at first. The category of the relationship between doctors and patients and its legal characteristic are especially applied to hospital, clinic, the sanatorium, first-aid station, and all the other medical organizations, which aim to heal the wounded, rescue the dying , prevent and cure diseases , and serve for the improvement of the citizen' s health. Since their establishment, they consider protecting people' s health and existence as their goal and honor. The relationship between doctors and patients, to be simple, is the relation between the medical organizations and the people who seek for medical advice (including the patient and healthy people), to be exact, it means that the rights and obligations between the patients and the doctors and medical administrations during the course of treating and caring, whose content is focused on the health and the life of the patients, including other relations which result from the charge of the medical organization. Generally speaking, one party of subject of the relationship between doctors and patients is an legal person or other organizations, namely medical organization;the other party is the patients or his relatives. But in special cases, one of the legal subjects is the part who brings suffers to the patients. The equality of the subjects determines that therelationship between doctors and patients is also a kind of equal legal relation concerning the health and the wealth of the patient, so it is in the category of the civil test of law.The relationship between doctors and patients is a piece of paid civil contract relation. Once a medical organization is established and it launches the medical business, it means to publicize the invitation to both the patient and the healthy, the purpose of which is to heal the wounded, to rescue the dying, and to prevent and cure diseases. It should shoulder the obligation of the contract between the patient sand the doctors (and the hospital). When a person comes to see the doctor, it can be considered that he has accepted this clear and uncertain content, the relationship between doctors and patients begins to establish at this point. Meanwhile, we should notice that the relationship between doctors and patients is a kind of special civil relation with remarkable characteristics: public welfare, commerciality and its regulatory of special trade; in some cases, its result is uncertain, causing some risks in special industry.In general cases, the relationship between doctors and patients is a relation of the contract, and the type of the contract is shown as the technological service contract of medical treatment under most situations. But under the special conditions, the conduct of caring is based more on the legal provisions than on the contract relation, so its nature is quite different from that of contract.In the medical contracts, the rights and obligations of both the doctor and the patient are key parts. The party of hospital is advantageous, so it should take more obligations according to the principle of fair. But the hospital is not simply a passive party, it has its own corresponding rights. The dispute between doctors and patients focuses on disagreement about medical care service, whose foundation is whetherthe hospital has properly performed its obligations. How to know and confirm the obligation of the hospital becomes the key to the correct solution. In practice, the disputes resulting from the hospital' s...
Keywords/Search Tags:The relationship between doctors and patients, the contract, the right and obligation, legal structure
PDF Full Text Request
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