The Study On The Rights And Obligations Of Both Doctors And Patients

Along with the deepening of reform of medical care system and theincreasing growth of social legal construction, there are more medicaldisputes in medical activities, conflicts between doctors and patients areincreasing. For example doctors in Sichuan have safe body guard, nurses inShenzhen wear helmets during work and policemen began to work in the hospitaland other abnormal phenomenons. There are many reasons for these abnormalphenomenons, either due to lack of responsibility of medical personnel andlow technical level, or due to the asymmetric information, distrust andmiscommunication between doctors and patients. All in all, the essentialreason is that both doctors and patients safeguard their own rights andinterests, think things from their own point of view respectively, emphasizeblindly that the other side should shoulder more obligations.Harmonious doctor-patient relationship is an ideal state.The essence isthe dialectical unification of right and obligation of doctors and patients.Rights and obligations of doctors and patients is the key content of legalrelationship between doctors and patients, its composition is very complicated,there are different contents in different specific medical activities,although there are laws and regulations on the patients’ right of life andhealth, right to select doctors, the right of being informed and approval,privacy and doctors’ right of medical treatment, obligation to inform, andconfidentiality.While these regulations are lack of systematic explanation,some of the terms are not specific enough, and some of the contents are notregulated in the form of laws.On the basis of clear knowledge of rights and obligations and categoriesof doctors and patient, the paper focused on the issue of rights and obligationsof doctors and nurses, probes the rights and interests of the two sides, trying to complete the laws and regulations and the files of medical disputes.Investigations and questionnaires are used to analyze the content and problemsof rights and obligations of doctors and nurses. The paper also probed intothe problems of uncompleted or lack of construction of medical laws, triedto improve and complete the legislations, execution and judicature, educatepeople regarding medical laws and regulations as well as medical moral. Thispaper will contribute to the harmonious relations and the creation of relatedlaws and regulations between doctors and patients.