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Patient Disputes The Rule Of Law Solution

Posted on:2009-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:J FangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Doctor-patient dispute is such a kind of dispute which exists in the process of medical treatment, regarding docter and patient as the corpus, which can abscribs to doctors' misfeasance and the inconformity understanding of the both . Nearly this ten years, doctor-patient dispute becomes one of the typical appearances of social dispute, because its amount increase fastly and doctor-patient relationship continuously worsens. It has seriously influenced the stability of society and caused social public concern. The study of the reasons, conditions and solving methods of doctor-patient dispute is helpful for solving the problem and seting up friendly doctor-patient relationship. Because there is no a powerful way of solving this problem at present, it is needed to study the method deeply. On the basis of others' researches, the author elaborates the conditions, reasons, and solving methods from the basic concept, and focuses on the reformation of solving system, and puts forwords on the new solving system with the law way.This text is about 30,000 words, divided three parts:The first part generaly introduces the define, the type and lawy character to Doctor-patient dispute concept. Firstly, this text does an explicit define on the concept of Doctor-patient dispute, and distinguishes the different usage beteen doctor-patient dispute and medical treatment dispute. Secondly, in the foundation of enumerating and criticizing current various ory about doctor-patient dispute in educational circles , the writer agrees with the theory that the ralation of doctor and patient belongs to the civil case law, and doctor-patient dispute is civil case dispute. In the end, it is helpful for undstanding doctor-patient dispute to divide doctor-patient dispute with four kinds.The second part systemly investigates the present condition, the reasons of formation and the predicament of solution about doctor-patient dispute.The writer thinks it is a fact that the amount of doctor-patient dispute increases everyday and the doctor-patient relationship is tent day by day, but the rate of occurence is low generaly. The reason of doctor-patient dispute is various, for instance, basic reason, social reason, doctor reason and patient reason, so many reasons are mutually intertexture, interaction, which cause to accelerate the occurrence of doctor-patient dispute. There is a predicament of solution about doctor-patient dispute because the law system is not perfect and the solution method is not powerful. So I said above, the writer makes a foundation for the solution of doctor-patient dispute by the analysis of the present condition, the reasons and the solution predicament.The third part put forward a rule of law solution for doctor-patient dispute. We need to make great efforts to solve doctor-patient dispute on every aspect, because the cause of doctor-patient dispute is various and complicated . Because of the restriction of this selected works angle, this text emphasizes to put forward a solution to doctor-patient dispute on the angle of law. Because of the limiting by the space of article, this text just analyses a few of question about the law solution to doctor-patient dispute. On the condition of analysing the disadvantage of solution system, the writer provides three solution method, as fllows: establish a medical treatment service contract to avoid the occurrence of doctor-patient dispute; take arbitrate system as a communicate terrace between docter and patient after the happence of doctor-patient dispute; perfect litigation system on doctor-patient dispute to prevent, reduce and solve doctor-patient dispute at last.
Keywords/Search Tags:Doctor-patient relationship, Doctor-patient dispute, Medical treatment service contract
PDF Full Text Request
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