On The Medical Services Contract

At present, although most of medical disputes have applied tort liability or administrative solution in practice, this dissertation proposes that the nature of the relationship between doctors and patients is referred to medical contract, under which doctors provided medical service and the patients pay medical fees. Subsequently, the relevant content about medical service contract is discussed. This dissertation has divided into four parts. Beginning with the definition and characteristic of medical serves contract, part 1 concludes that medical service contract is characterized as following: coercive conclusion of contract, accordance with laws and moral principles, uncertain content of contract and medical action maybe run some risk. Secondly, the parties to medical service contract are discussed. When analyzing the legal nature of medical service contract, this dissertation compares different regulations of some countries, such as Netherlands.Part 2 is about the conclusion of medical service contract, this dissertation indicates that patients' proposal constitutes an offer and that doctors assent to diagnose the patient constitute an acceptance through analyzing the relevant ideas in theory.In this dissertation, the most important part is about doctors' obligations and liability for breach of contract. Doctors' obligation is classified as fundamental contract obligation, subordinate obligation and attached obligations of the medical parties. Concerning doctors' breach of contract, the normal standards have been analyzed.Part 4 is about compensation of the doctors' breach of contract. This dissertation mainly discusses the content of the compensation of the medical damage and analyzed the conflict items provide in administrative regulations and civil laws. Under the circumstance that the compensation of mental damages are denied in our country, by reference of a great deal of legislative regulations, cases and theory in other legal system, the dissertation proposes we should encourage the compensation of mental damage in the area of medical service contract. Even if there are developments in the regulations of Solution on Medical Mishap, it is an administrative regulation, can not be taken as the grounds of civil compensation. Civil responsibility should apply civil laws and regulations. At present, the basic solution to settle the compensation of the medical damage is to draw up the law of Compensation for the Medical damage.