The Legal Relations And Civil Liability Of Physicians Go Out To Consultation

With the growth in the living standards of Chinese people in recent years, common people haveincreasing demand of medical and health services, and give more attention to the difficulty and high cost ofgetting medical treatment. During the two conferences (i.e. the National People’s Congress and the ChinesePolitical Consultative Conference) held in March2013, the health care reform is still the hot spot whichattracts general concern of1.3billion people. The Minister of public health Chen Zhu pointed out during aninterview, further health care reform in China will focus on the coordination of extensive coverageon“medical insurance, medicine and health care reform "，as well as increase the input and support ofcommunity-based hospital.The enforcement of " Interim Provisions on management of physician outgoing consultation" in2005has set the main regulations of outgoing consultation, including the procedure of approval, the consultationprocess, consultation fees and other issues. First of all, we should affirm the necessity of physicianoutgoing consultation in our country, the system has effectively ease the uneven distribution of medicalresources of our country, what’s more it can alleviate the social contradictions to a certain extent, aspatients in remote areas can also enjoy a higher level of medical treatment. However, we should also beaware of a range of issues brought by the consultation at the same time, which is mainly manifested in theambiguous legal relationship between medical institutions and patients, therefore how to protect the legalrights of patients when medical disputes occurs during the consultation becomes quite complicated,This article is divided into four parts go out for consultation on physician problem analysis:The first part: the status quo of China’s physician consultation provisions out and related laws. In Chinathe consultation of the phenomenon is widespread, the consultation can also be divided into hospitalconsultation, hospital consultation problem, but also the shortcomings can not be ignored, this is mainlymanifested in the cost of not standard, diagnosis and treatment is not standard and the dispute is not sobetween different medical institutions, consultation and private consultation, private consultation is bannedin China, are all within the same medical problems assume legal relationship and responsibility in hospitalconsultation, therefore a better solution, the law of consultation in China is mainly2005implementation of the " go out for consultation management Interim Provisions " physician, physician out consultation caneffectively alleviate the masses of China medical level in remote areas of impoverished problem, but alsothe shortcomings can not be ignored, this is mainly manifested in the cost of not standard, diagnosis andtreatment is not standard and the dispute is not solved well.The second part: the doctor out legal relationships and attributes consultationformation. Doctors’ going out for consultation mainly relates to the legal relationship between patients andmedical institutions, invited doctors consultation of medical institutions, the quartet. The labor contractbetween doctors and medical institutions are invited, between medical institutions and patients is therelationship of medical service contract, contract of medical service belongs to nameless contract and hasits particularity. There is consultation contract between medical institutions and medical institutions toconsultation, consultation contract a technology contract with characteristics, is involved in his contract. Itis obvious that there is a medical services contract between the invited medical institution and the patientduring the consultation. Due to the prior agreement on the scope and content of the consultation betweeninviting medical institutions and consultation medical institutions,therefore it should be identified thatthere is a consultation contract between the two medical institutions, so that we can regulate the behavior ofconsultation physicians better than before, what’s more，this is also the legal basis for recourse to theconsultation medical institutions after the inviting medical institutions.taking the corresponding medicalliability. However, there is no contractual relationship between medical institutions and patients only in theevent of a medical tort disputes occur, in that case, there may be a legal relationship of infringementbetween consultation medical institutions and patients.The third part: the problem of civil liability of physicians out consultation trigger disputes. Invitemedical institutions may assume the liabilities for breach of contract or tort liability for medical institutions,consultation is the tort liability of joint act of tort, when formed between medical institutions and medicalinstitutions to consultation, they should bear tort liability. In addition there is a discussion of theories on theinvitation of medical institutions of the vicarious liability for the consultation of medical institutions.The fourth part: the relevant ideas and suggestions for Chinese physician out consultation system.Our doctor out difference between traditional physician consultation on consultation and remote medicalconsultation, the disadvantages of them are not the same, so this part of the two corresponding suggestions are put forward. Also should strengthen legislation, and the implementation of compulsory medical liabilityinsurance system, multi-pronged approach to regulate our physician out consultation system.