On The Protection Of Patients' Rights And Civil Law

The doctor-patient relationship is a contractual relationship of equality, based on the analysis of the characteristics of medical and the nature of doctor-patient relationship, and both sides have equal status. The establishment of the contract is based on the doctor's practice with professional conduct and a high degree of trust, the nature is expert services contract.For the protection of human dignity and health benefits, it is necessary to clear the rights of patients: the right to Medical treatment, self-determination, informed consent, privacy. In addition to the breach of contract law on the responsibility, taking into account the rights damage of patients occurred in personality and life and health occasion, It need to use the tort liability rules to strengthen the protection of the rights of patients.It is difficult to protecte well only with breach of duty and infringement of rights. Based on the doctor's professionalism and trust between the doctor-patient relationship it is necessary to introduce expert responsibility to the scientific definition of the obligations of physicians, proper protection of the rights of patients, and reasonable resolve doctor-patient disputes, achieve harmonious doctor-patient relationship.