The Law Application Of Medical Service Contract

In the early draft contract law discussion, the medical service contract is originated in the law field. In response to publish the contract law in time, lawmakers removed the medical service part, which was controversial. But this is not mean that this problem need not to solve. The number of Chinese medical disputes is increasing year by year, medical violence events banned but widely practised, and even bloodshed appears, which fully proves that the practice of medical relations of application medical service contract law required specifications. Naming the medical service contract, to determine the contract and the rights and the relationship between patient and doctor clearly which relate to rights and duties, responsibilities, compensation standards, and special agreement, can solve the problem of insufficient of medical disputes prevention, at the same time give a range of contract or tort choices to both after the disputs, ending the tort liability law in current judicial dominating the present situation of medical damage lawsuit. In the present, if in the drafting of the draft civil code joins special regulations of medical service contract, the future doctor-patient relationship applicable law will be rules, not only make proper legal norms writen to national legal system, also embody exactness of the civil code.Medical service contract in today’s society, according to the purpose of the medical behavior can be divided into general medical services and commercial medical services. General medical service is the most common in life, usuually philanthropic and understand to save people’s lives or health services. Commercial medical services is a delegate with cosmetic, which is for profit. General medical service relationship is the important part of the medical service, which can reflect the social effect that its importance is self-evident. This paper will focus on the general medical services, based on the nature of medical relationships, the basic principles of medical service contract of medical negligence, etc, this paper will analyzes some problems of the medical service contract. Medical service contract has its differents from other typical contracts, many part of contract is instantiated rights and obligations of both for their expectations and limitations, the author tries to based on these theories to present research status of medical service contract. For the application of law after medical damage occurred, doctors and patients have choices for breach of contract and tort. For general medical services, the obligation of physician’s practice determines that the success of midical damage sue is harder than infringement. But that doesn’t mean the liability for breach of contract, have no place in the field of medical damage compensation. In this paper, through the comparison of the medical contract liability and medical tort liability, concurrence of resume the focus of research in the concurrence ofinfringement and liability for breach of contract status. In the field of commercial medical services, since it has the irrefutable medical nature; also needs to ruled by general medical service contract. The most obvious particularity of medical cosmetology lies in its pursuit of economic interests, cosmetic physicians are likely to misleading patients, so the legal response claim stiffer obligations for cosmetic physicians.The fourth chapter is some immature proposals put forward on the basis of the above, I hope to make a little contribution to the civil law governance of medical service contract. On the surface, the law of tort liability and medical service contract have little relations, but the law of tort liability will give benefit help for medical service contract in judical field.