Medical Contract Research

Nowadays the rapidly increasing disputes of medical damage have become a social problem in china,and the defects of medical legislation are also demonstrated day by day in our country. The similar problem has become increasingly serious in the major industrial countries of the world. How to solve the problem that meet in the handling of medical damage disputes,the ways of various countries are different. But adopting the contractual liability to resolve medical disputes has been accepted by academics in many countries. This paper wants to clear the legal attribute of physician-patient relationship,define the essence of physician-patient relationship is contractual relation, and analyze the characteristic and some basic questions of medical contract systematically. The focus of the research is according to the principles of civil law and contract law,combining medical features,to clear the rights and obligations of physician and patient. The main methods of research are comparison, historical study and analysis of example and so on.This paper is divided into four parts. The first chapter discusses some basic questions of physician-patient relationship and medical contract, indicates the concepts and legal attribute of physician-patient relationship,clear the definition and characteristic of medical contract,and analyzes the body question of medical contract finally.The establishment,alteration and rescinding of medical contract are the main questions analyzed in the second chapter.The author think that the medical side is the offerer of medical contract and the patient side is the offeree. Then the author sum up three kinds of special things which can cause the alteration of medical contract, such as the change of diagnosing and treating duty,medical staff and capacity to contract of patient side. To the question of contract rescinding,the termination of medical contract and other reasons of contract rescinding are discussed.The third chapter is the highlight of this paper. In this chapter the rights and obligations of both medical side and patient side are analyzed,especially the rights of medical side and the obgigations of patient side which are seldom discussed by academics. The author explores a detailed analysis of the rights of medical side,such as the right of medical dominance,treatment refusing,medical expense prepay request and the obliegenheiten of patientside,such as disclosure,cooperation,complying doctor's advice and so on. In the last chapter, the author gives the suggestions of perfecting the legislation of medical damages in our country. First,the current legislative defects of medical damage dispute in our country are pointed out. Second, abroad present legislative situations of medical dispute are discussed. Based on the analysis of medical damages civil liability,the author put forward two proposes of medical damage legislation:Recently,the medical contract should be typified in our country. In the future,it is necessary to draw up a special law of medical damage.