On Medical Treament Serving Contract

Medical treatment dispute, nowadays, has aroused general concern and animated discussion around the world. There are three methods used by different countries to deal with medical treatment disputes: 1 , treat as tort 2, treat as breach of contract 3 , treat as tort and breach of contractIn China, until 1987 the treatment accident disposal measure was promulgated by the State Concil.After that, the rectified version The Statue of medical treatment accident disposal was published in 2002, and it became the basis of dealing with medical treatment dispute in China. Both of the two statues consider medical treatment dispute as tort cases, thus, the serving contract relationship between hospitals and patients is not admitted in the practices of legislation and justice. As a result, many medical treatment disputes cannot come to a solution. Virtually, the relationship between hospitals and patients is a civil relationship between equal parties, which is called medical treatment serving contract relationship. A significant reason why the relationships between hospitals and patients detensing and the medicai treatment disputes are increasing is that hospitals and patients are not clear with their own rights and obligations. With the development of Chinese legal system, medical treatment has to follow certain laws, and this will become a necessary trend. However, in order to conduct medical treatment in conformity with legal provisions, the crucial point is to identify the rights and obligations between doctors and patients. On a whole, we need to set up the medical treatment serving contract system as soon as possible. This is the permanent cure for us to settle the contradiction between hospitals and patients.This essay begins with the attribute of the relationship between hospitals and patients, and concludes that the relationship between hospitals and patients, actually, is a relationship of medical serving contract. Then, It continues to study the subject, object, content and the obligation of violating medical treatment contracts in a medical treatment serving contract separately. There are five chapters in this essay except the introduction and the tag.