Medical Civil Law Applies Analysis

According to the role played by medical institutions, medical legal relations can be divided into medical civil legal relations and medical administrative legal relationship. This paper is limited to the scope of the discussions as the main party of equality with the medical side and between the civil legal relationships. Registering with the doctor to the hospital can be regarded as equal to establishing voluntary paid contractual relationship. And this contract is Medical services contract.Medical dispute is a patient in the civil disputes between the two sides. According the two sides express their meaning voluntarily or not, this dispute can be divided into medical and non-medical disputes. The dispute which the two sides expressing the meaning voluntarily is the medical dispute. For compulsory medical or emergency rescue patients and other reasons which the two sides don't express their meaning voluntarily, the legal relation is medical management relations without reason. In this situation, the dispute is non-medical dispute. This paper aims to study for medical disputes in the civil application of the law problem.According to the reason from different, medical civil action can be divided into medical tort damages and medical litigation of contract violation. Since the "Regulations on Handling Medical Accidents" has been implemented, the enforcement of the medical application has been quite prominent. First, the administrative regulations were used to deal with civil cases. Second, judicial interpretation of the law has been applied priority. Third, the parties requested medical damages in the case, because of the different laws apply, to receive compensation of the amount of difference. Fourth, the proof ability of identification technology malpractice was questioned.To change this chaotic situation, reestablish the authority of the law, regulate medical civil dispute resolution mechanisms, and better protect the legitimate rights and interests of the parties, we will start from the root, formulating of a unified "Medical Legal Damages". First, the style of the law must be specified for both procedural and substantive law, calling the Civil Liability Act. Secondly, we should put the conflict areas for reunification in the content of the law. Finally, the Act should also be standard on the issue of compensation to provide certainty. In addition, only recognizing the doctor-patient relationship is consuming relationship, we could be more clear understanding of China's current relationship between doctors and patients, and knowledge to the limitations of the contract default proceedings. Awareness must be adjusted. We should distinguish between different situations recognized consumer protection laws in the medical civil action in an important role.