Legal Regulation Of The Doctor-patient Relationship

With the development of medical science, the risk of infringing patients' right is exaggerating. In China, Iatrical entanglement has become one of the most attractive points in our society. For its characteristics, the question the definition of relationship between the medical institution and patient, whether the patient belongs to consumer, haven't come to commend understanding. So, the problem of relationship between the medical institution and patient is not only a hot social problem, but also a hard theory problem deserved to study. This thesis start from relationship between the medical institution and patient and related definition, focus on discussion of its legal nature and the dispute resolution, and specially analyze the application of "consumer profit protection law". Finally connecting with the nature of relationship between the medical institution and patient, make an analysis of medical liability insurance to ensure better medical effect and protection of consumer's profit There're four parts in the thesis:The first part start from the relationship between the medical institution and patient and related concept, discuss concept of the iatrical entanglement and its type. Then it concludes that the relationship between the medical institution and patient is essentially equal parties on the base of Iatrical contractThe second part discusses the iatrical contract and iatrical tort Relationship between the medical institution and patient is not a simple problem. For the party who provide the medical service has the contract duty and take-care duty, or it has contract liability or tort liability, which will coincide in some condition. In this part, author put forward the concept and subject of Iatrical contract and then its nature and characteristic and finally its content. In the iatrical contract the responsibility of either the patient and the medical institution and the specialties of the iatrical contract are proved with ample evidence. At the same time, the author also gives out ample explanations to the iatrical tort.The third part is discussion of whether the Consumer-Profit Protection Law applies to the iatrical entanglement. The author lists out the reasons either to support or to against the law of consumer-profit protection on the iatrical entanglement. And then put forward the author's opinion supporting the positiveone. It especially point out the article 49 of the law is applied to the relationship between the medical institution and patient Following with the discussion of the basis legal relationship and punitive damages including the accounting formula Finally, it introduces the application practice of the Consumer-Profit Protection Law to iatrical dispute in Guandong, Zhejiang and Sichuan province and assesses and analyzes itThe last but not the least part is about the present situation of medical insurance in China. Efficient legal adjust depend on mature related mechanism to compensate the victim who suffer patience at the same time and to prevent or reduce or handle with the iatrical dispute. This part includes related concept and substance of medical insurance, the development and evaluation of it After appraising the positive meaning of setting up medical insurance, it finally suggests the importance of medical insurance on an iatrical entanglement issue.