On Medical Contract Accompanying Obligations

Medical collateral obligation refers to the particular obligation that of notification, assistance, confidentiality, and schutzpflicht differing from the hauptleistungspflichten with the auxiliary function and protection function according to the nature of the medical service contract, purpose and trading habits ,on the basis of the principle of good faith that the doctor‐patient parties abide by, and it occurs in the performance of the medical service contract, then the aim of the medical collateral obligation is to assist the parties realize the payment interests or provide more comprehensive protection of the personal safety and the property security of the parties. The violation of the Medical collateral obligation is why medical disputes frequent happen, and correct understanding of medical collateral obligation has profound significance for to relax strained doctor‐patient relationship. The topic of medical collateral obligation will be discussed in seven chapters.Chapter 1, firstly studies the concept, characteristics, value, content, types and theoretical basis of medical collateral obligation. In this chapter, beginning with the study of the theory of collateral obligation, furthermore, the concept of medical collateral obligation is defined, which is the base for further discussion.The second chapter is the review on the medical collateral obligation. Through probing the laws and regulations, and the typical judicial practical cases of China and other main countries of the world, this paper has analyzed the existence of medical collateral obligation and the legal consequence which the obligation should undertake.The third chapter conducts the research to informed consent obligation. Based on the oversea and domestic regulations and cases, the formation, legal nature and content of the informed ,range, consent and legal consequences obligation has been discussed. The fourth chapter is the study of confidentiality obligation, and it focuses on the conflict between the privacy benefits of the patients and the rights of the other parties, and put forward solutions.The fifth chapter is the study of safety guarantee obligation. This chapter from the protection of patient rights and interests of both the personal and property safety and security perspective of the content of the obligation was to compare the safety and security of the medical contract and tort obligations accompanying the safety and security obligations of the difference.The sixth chapter is about the supplementary of the specific types of the medical collateral obligation.The seventh Chapter is conclusion, and it puts forward the advice to improve laws and regulations on medical collateral obligation in China.