Medical Contract Research

For resolving the dissension in the medical relationship, Netherlands enact the"medical service act" in 1994, the act materially prescribe many patients' right inmedical relationship, and also may result in diversified cases of medicalresponsibility. This act was included in the seventh edit named "in the materialcontract" and renamed as "medical service contract". Netherlands makes themedical contract as one typical named contract in the civil law, which hasadvanced effect in the all Europe and the world.At the present time, most of the medical disputes have resolved through tortaction or administrative action in practice, and the discussion of theory also mostlyfacus on the field of tort amends. The relationship between physician and patient isone kind of typical social relationship, this paple thinks that the relationship is onekind of civil contract relationship in substance, in other words, that is to say that itis one civil contract relationship that the physician give the medical service and thepatient pays the medical charge. This paple, from the beginning of contractattribute of medical relationship, tries to make a systemic discussion to therelatively content of medical contract, and that differents from the angle of tort ofour active theory and practice.Except for the preface and conclusion, the paple divided into four chapters asfollowing:ChapterⅠ: The recapitulative disoassion of medical contract. This chapterdiscuss four problems: fast: the notion and kinds of medical relationship; second,there are five mainly characters of medical contract that different from commoncontract; third, the making of medical contract; four, the main body of medicalcontract.ChapterⅡ: The legal quality and content of medical contract. Firstly, thischapter think that the medical contract cann't be attributed to any named contractwhich according to the introduce and comment of some doctrines on the legalquality of medical contract, and its quality belong to non-named contract. However,the active modus operandi in legislation is thought it as named contract. Secondly,this chapter material discuss the obligation of physician from three arrangements such as the subject of obligation, the component of obligation and the manner ofobligation.ChapterⅢ: The discussion about medical liability for breach of contract andliability concurrence. Firstly, the paper material analysises somethings about themedical liability of breaching of contract, for example, the liability terrns ofconstitution, the compensation of immaterial damage, and the material contents ofcompensation and so on. Based on the above-mentioned analysis, the writer thinksthat it is necessary to set up compensation system of immaterial damage. Howeverat the same time, it is necessary to limit the institution of immaterial damage claimand the compensation amounts under the situation of medical contract.ChapterⅣ: The legislation of medical contract. The namenation of medicalcontract has four kinds of values as follows: convenienting for the normativeadjustment to the medical relationship, quicken the civil protection of Physician-patient relationship, advanced the predictability of judgment and saving the dealcost.In conclusion, according to the above four analysis, the writer thinks that themedical relationship is one kind of civil contract relationship in substance, and thereare many difference from medical liability for breach of contract and tort liability. Insome words, compare with medical liability of tort, the liability ofbreaching-contract protect patient more. So, in the process of solving medicaldisputes, we cann't only limit to the tort and not pay attention to the liability ofbroaching-contract, we should give the choose right for the patient Based on theaboved anylysis, we should make the medical contract as one named contract. Andonly also though this, we just more and mole protect the real-life interest of patient.Furthermore, we just can reach the aim of decreasing the medical disputes andconstruct the harmonious relationship between physician and patient.