Study On Legal Relationship Between Doctors And Patients In ART

Since the last century,with the deterioration of the environment,and the increasing work pressure of people's life,human infertility has become a terrible problem in people's life.In 2009,China international infertility forum showed the status of China's infertility population,the report showed that our infertility patients accounted for 12.5 percent of the total number of people of childbearing age.Assisted Reproductive Technology(ART)emerged as a result,it plays a powerful role for the majority of infertility patients.However,every coin has two sides,as a new technology,in fact,there are many problems that can not be ignored in the process of its application.on one hand,medical institutions' pursuit of economic efficiency and success resulted in many problems,a lot of patients' legal rights are invaded,on the other hand,because of the law of the regulation is far from catching up the problems appeared in practical application,in many cases medical institutions also have no idea what should they do.In addition,many non qualified agencies also engaged in ART activities,which resulted in more disputes,and more medical litigation cases show up,all of this problems are derivatives of ART.The purpose of this paper is hoping through the research on the legal relationship between doctors and patients in ART,so as to find a better way in solving medical disputes.This paper uses doctor-patient legal relationship as the research object,and mainly analyzes the normal legal relationship between doctors and patients,which is the assisted reproductive technology service contract,and then explicit rights and obligations between medical institutions and patients,and the relationship between them.Meanwhile,it also analyzes all kinds of medical disputes arising in the application of assisted reproductive technology,such as the infringement disputes,contract disputes and wrongful birth disputes,and remedies of the law.