On Excessive Medical Treatment And Its Legal Regulation

The so-called excessive medical treatment, refers to the medical institutionsor medical personnel in medical during normal,driven by the interests of nonmedical purpose, breach of medical ethics standard and clinical medicalstandard, the implementation of the medical behavior beyond the non normalindividuals or social treatment, medication, and health care needs.This paperdiscusses the excessive medical behavior, medical treatment over the causeand harmfulness of excessive medical treatment, foreign comparative analysis,analysis of the legal regulation, excessive medical legal attribute of excessivemedical treatment in five aspects.Firstly, the definition, excessive medical treatment focuses on the analysisof excessive medical treatment and appropriate medical care, protection frommedical and defensive medical treatment and excessive medicalcharacteristics. Secondly, to study the causes of excessive medical treatmentfrom the hospital and the patient, the medical insurance system, medicalsystem and so on, and the harm of excessive medical treatment is discussed.Third, compared with foreign medical insurance system, exploring the path ofsuccess. Fourth, analysis of the legal attribute of excessive medical treatment,in breach of contract and infringement, and risk of the duty of disclosure of concurrence, excessive medical legal form many aspects such as excessivemedical legal attribute. Finally, the legal regulation of excessive medicaltreatment is discussed, from the legislative, judicial, non litigation regulationof legal regulation and regulation principle of excessive medical treatment.