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Physician-patient Relationship, Contract Law Analysis

Posted on:2006-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:G G LiFull Text:PDF
GTID:2206360182490744Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It is a fact that patient faces potential risks during the process of medical treatmentdue to a certain error or aggrieved /unexpected condition. Increasing dispute betweenmedical staff and patients brings this as a hot topic in our society, particularly the lawcircle.Medicine in the term of medical staff and patients has a double meaning on the basisof our daily life. One means medical system. The other means medical staff. By lawdoctors are employees in the institutions of medical treatment in the study on the relationbetween the medical treatment affairs and the patients. Medical relation is defined as therelationship between medical staffs and patients or the both sides. This medical relationhas become a legal one or battle to some extent. This rights and responsibilities of patientshave been extended beyond some institution or some person in a way.The medical relation is essentially equality in right, both patients an medical staffsare protected. The basic attribute of the medical relation is consistent with the relation ofcontract. The contract's property of the medical relation is validated by law. Also, thisaccords with development trend of law from status to bond. However, there is anexception to this rule, which institutions of medical treatment and patients in the medicalrelation are not the principal part of contract, such as the hospital administration relationbetween the medical staffs and the patients without reason, insurance departmentinterfering medical treatment, the interests of the third party and compellent medicaltreatment.Although the medical relation is like to contract property it differs from othercontracts in many ways. Indeed, some of the differences set an obstruction in establishingcontract proceedings. However, it doesn't mean that the contract items are unable to beestablished. Moreover, it is impossible to deny the contract property of the medicalrelation. The baseline of contracts is the consistency of both party.Meaning expressed isindispensable in a medical relation contract. Law set law conduct and make decision theeffect of law conduct through ascertaining content of meaning expressed. It is the same tothe contract medical relation. The patients are the consumers during the process of medicaltreatment. While the medical institutions are the suppliers. The contract is established onterms accepted by both party.It is impossible that meaning expressed in medical treatment include the wholecontents of the medical treatment contracts. The content of the medical treatment contractsis not equivalent to all the rights and obligations of the each side of medical treatmentcontracts. Meaning expressed in medical treatment includes the contents of the contractsnothing but main parts of the contracts and having the important elements being formed.Both the medical treatment sides and the patients should enjoy the rights and take onresponsibilities under the legal bonding of a medical contract. The law of medicaltreatment contracts would not permit either side to take on the responsibilities nothing butto enjoy the rights.The freedom of contract is the foundation for modern civil law. But the freedom tocontract is relatively. It is necessary that the principles for the freedom of the contractsexpand to the certain phase, bringing on the restriction to the freedom of the contracts. Thebasic status of the contract law doesn't fluctuate according to the restriction to the freedomof the contracts in the field of the medical relation. On the contrary, the restriction to thefreedom of the contracts does make up for its lack of the field of medical treatment. Thisrestriction is an efficient approach to achieving the real freedom of the contracts whichensure benefit of both staffs and patients. The granted meaning autonomy to both sidesdoes exist in reality.The medical contract is not only the valid but also the moral as well. In manycountries, medicine involves healing the wounded, rescuing the dying, and curing thesickness to save the patient. The medical treatment conduct must abide by the criteria onthe medical treatment moral or the medicine ethic.It is concluded that basic property of medical relation is contract relation by ananatomy to the established process and the preliminary analysis for medical relation.Although there are some characteristics different from the other types of contract relation,the characteristics don't collide with the basic properties of the contracts at all. So, theyshould apply to the contract law. The difficulties during the process of practice can beovercome ultimately along with the further academic study increasingly and interrelatedlegislation making perfect unceasingly.
Keywords/Search Tags:Physician-patient
PDF Full Text Request
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