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Study Of Doctor-patient Relationship

Posted on:2007-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:D L HouFull Text:PDF
GTID:2206360185471153Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent yeas ,a tense relationship and constant disputes between physician and patient grows up quickly. In judicial practice, law theory and legal practice about the question are very poor. The recently issued "Medical Malpractice Handling Regulations" and "Several Provisions about the Civil Procedure and Evidence" have offered a legal basis to solve the disputes between hospitals and patients to a certain extent. However, these laws lay particular stress on the solution of procedural problems .They are still lack a definite stipulation of the rights and the obligations of the two side.It is hoped that this paper, try to through the analysis of and elaboration on the legal problems related with the hospital-patient relationship,not only define the right and obligation of both sides, but also provide some reference materials for future medical legislation.This article adopts advanced theory and methods of western country in these filed , which is divided into totally four parts.In the first part of paper I define the concept, the category and the characteristic of the relationship between doctors and patients at first. The equality of the subjects determines that there relationship between doctors and patients is also a kind of equal legal relation , so it is in the category of the civil test of law.Meanwhile, we should notice that the relationship between doctors and patients is a kind of special civil relation with remarkable characteristics.The second part of paper proves the rights and obligations of both the doctor and the patient are key parts, theoretically we have many disputes , that is to say , we don't defined the rights and obligations of both sides, According to the theory of the patients informed consent and right of privacy, author puts forward some corresponding solutions for this problems.The third part covers the legal nature of civil liability of medical...
Keywords/Search Tags:the relationship between doctors and patients, the right and obligation, medical malpractice, civil legislation
PDF Full Text Request
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