On The Medical Contract

At present, the relationship between the medical treatment organizations andsufferers becomes tenser than ever. The crisis of honesty between them is arising. Medicaltreatment disputes tend to be increasing and becoming an important factor to destroy theharmony of the society. To settle the problem and improve the relationship between thetwo sides, we must define the property of the relationship, make plans for legislation andseek ways to protect the legal rights of the sufferers and give relief to sufferers. This essay,after analyzing the relationship between medical treatment organizations and sufferers,points out that the relationship is actually a contractual relationship. In accordance withthe study of the basic principals of Civil Law and Contractual Law, associating with thespecial characters of medical treatment, the essay conducts profound and comprehensiveresearch into medical treatment contracts and puts forward a lawmaking suggestion thatmedical treatment organizations that break the law are supposed to provide sufferers withmoral damage compensation. The main points of the essay are as follows: First, inaccordance with to the national conditions, the relationship between two sides is not thatof administration, or consumption, but a contractual relationship. Second, due to theparticularity and speciality, any single contract can hardly cover the disputes. Therefore,the property of medical treatment contracts should be based on the contents of thecontracts. Compared with other contracts, medical treatment contracts differ in thecontents and objection of payment. In terms of the contents of payment, medical treatmentare characterized by aggression, life saving and speciality. In terms of objects of payment,there exist direct contact between doctors and sufferers and other uncontrollable andimpersonal factors, which cause the lack of guarantee on the result of the medicaltreatments. While dealing with the relationship between the two sides, the rights ofsufferers should be appropriately expanded, while the obligations and responsibilities ofmedical treatment organizations should be appropriately increased. This will protect thelegal rights of the sufferers as the weaker side and balance the right and obligations toachieve the goal of equality and fairness. Third, the terms of discharge of contractualduties under a contract should be strictly restricted. Moral damage compensation shouldbe clearly defined to do with the defaults of medical treatment organizations. The train ofthought of the essay is as follows: The first part, a conclusion is drawn on the legislativeproperty of the relationship between the two sides in accordance with the course of change...