The Law Application Of Medical Disputes- Can We Use "Law Of Consumer Rights And Interests Protection" To Deal With The Medical Disputes

Nowadays, the medical dispute has become a hot issue of the society. Medical dispute, especially the hospital violator, has become an element against the social stability and the social harmony. There are so many factors which cause the medical disputes, such that we need some kinds of ways from different point of view in order to solve the social problem. In this article, the author concludes that we cannot use "the Law of Consumer Rights and Interests Protection" to deal with the medical disputes. Firstly, due to the specific characteristics of medical treatment, the doctor-patient relationship is not the same as the relations of consumption. In this circumstances, to deal with the medical disputes by "Law of Consumer Rights and Interests Protection" will mislead the patients to regard themselves as consumers and then have higher expectations in medical treatment, thus the contradiction between patients and doctors will be intensified, leading to medical disputes. Secondly, the introduction of "Law of Tortuous Liability" has finally ended up the binary situation that both of "Civil Law" and "the Regulation on the Handling of Medical Accidents" are law applicable in solving medical disputes. However, if we can use "Law of Consumer Rights and Interest Protection" to deal with the medical disputes, this undoubtedly increase the choice of law applications. This is not good for unify of the justice and social harmony that we use "Law of Consumer Rights and Interests Protection" to deal with the medical disputes.