Research On Medical Treatment Contracts

As the same situation with the other countries in the world, the number of medical disputes and medical litigations had increased sharply in China in decades. Therefore, the defects of the medical law systems are exposed seriously. In fact, various countries adopted different methods to solve medical damage disputes. Nowadays, the weakness of our latest Contract Law is lacking the concept of medical contract, and the solutions of medical disputes mainly depend on the infringement lawsuits and the administrative lawsuits. However, It is widely recognized that adopting the contractual liability to eliminate medical disputes in academic respect in many countries. From the perspective of contract law. the argument of medical service contract could benefit those defects. One of the most advantages is that emphasizing the rights and obligations between doctors and patients for system specification, thus establishing the code of conduct between doctors and patients in medical activities.This paper argues that the legal attribute of physician-patient relationship and defines the essence of physician-patient relationship under contract law. In addition, this article analyzes the characteristics of medical contract in systematically, and discusses some basic issues related to medical contract. According to the principles of civil law and contract law, the purpose of this research is to identity the rights and obligations of physician-patient under the medical features. It indicates that the medical contract is able to build more equal, fair and orderly way which resolves the medical disputes. Thereby, the contradictions between doctor and patient could radically be relieved or eliminated and a harmonious medical environment is created by the medical contract.There have five parts in this paper. The first chapter mainly discusses some basic arguments related to physician-patient relationship and medical contract. The second chapter primarily analyzes how to build the medical contract, how to process the contract and how to terminate the medical contract. The most significant part is the third chapter. In term of the combing the features of law and medicine, the third chapter not only researches the content of medical contract, but also deeply analyzes and discusses the rights and obligation of physician-patient in the medical contract. The fourth chapter explains medical service contract breach, as well as the issue of concurrent liability in tort. The last chapter concludes that the aim of this paper is to realize the processing of the formal medical contract in civil law and establish the reasonable legislative system in medical contract. Thus, the advantages of medical contract will be appeared in the future Contract Law or Civil Code.Overall, even if the tendency of medical disputes situation is developing worse. Nevertheless. based on the compiled civil law by China government and in term of growing trend in developed countries, the China government should arrange and adjust the issue of medical contract in the law system properly and rebuild reasonable and efficient medical civil law system.