On The Basic Attributes Of The Legal Obligations That Doctors Assume To Patients

Along with the changes in physician practice environment,professional physicians in the treatment of the patients increased gradually,depends on the physician to make informed diagnosis,and because of the conflicts of interests of both sides and the knowledge asymmetry highlighted the growing distrust of physicians,this contradiction has put forward higher requirements on the legal obligation borne by the patient's physician.At present,China mainly adopts the contract legal system and the tort liability system to regulate the obligations of physicians.As a professional in the field of medicine,is different from the traditional economy,the basic attribute comparison before two under the system of legal obligation of the physician to patient,discusses the physician commitment to patients with legal obligations can not contract or tort liability system as the number of inclusion,can learn from the Lutheran legal system of physician bear the legal obligation to be added.In this paper,the civil liability of physicians in China is analyzed from the angle of the basic attributes of physicians' legal obligations,and a new idea is put forward to improve the system.The first part of the connotation and the relationship between the patients from physicians and characteristics,introduces the nature of the relationship between physicians and patients with contract and tort law,property and even a fiduciary relationship.The attributes of physicians' legal obligations to patients are determined by the nature of their legal relations.Therefore,physicians have different attributes to the legal obligations of patients.The second part and the third part of this article discuss the basic attributes of physicians' legal obligations to patients in terms of contract and tort legal system.In practice,there are still circumstances that can not be regarded as the important conditions of tort liability,and it is difficult to get justice in the contract legal system.This article tries to supplement it from the angle of fiduciary obligations.The fourth part of the article advocates the use of foreign faith system to analyze the legal obligations of physicians to patients,and puts forward the physicians' fiduciary obligations to patients.As the experience of medical science,physicians often have the discretion to the high physician obligations is closely related with the life and health of patients,in the medical activities,a great danger of patients with the principal physician.Such a relationship conforms to the characteristics of a fiduciary relationship,and physicians may also undertake fiduciary obligations to patients in order to protect the patient's reliance on physicians.