On The Content Of Medical Contracts

The medical dispute occurs unceasingly in nowadays society, investigating itsreason, not only because the patient's rights consciousness surges upward ceaselessly,but also the doctors and patients do not really understand the concrete content of theirrights and obligations, the paper starts from the medical contract., then explores thespecific contents of the rights and obligations between doctors and patients in medicalcontract, this paper is divided into three chapters.The first chapter focuses on the legal status of the medical contract. This chapterexplains from five aspects of the medical contract, including the basic concepts,characteristics, types, parties and their character, and mainly discusses the legal natureof medical contract, after that, it is concluded that as a kind of non-typical contract,medical contract can be dealt according to contract mandate and processing contract.The second chapter is the content of the medical contract; this is the key point ofthe paper. This part focuses on obligations and liability for breach of medical contract,basing on the particularity of the medical action, the paper dissertates the rights andobligations of the doctors and patients in medical contract from three levels that isfundamental contract obligation, subordinate obligation and attached obligations ofthe medical parties.The third part is about the proposals to improve the legislation for medicalcontract. The paper focuses on three measures used to deal with the medical dispute inChina presently, then puts forward the proposal of medical contract typification andanalyses medical liability insurance.