Research On The Legal Application Of The Obligations Accompanying Medical Contracts

Although medical contract accompanying obligations have a place in the contract "obligations",but its legal position is still not very clear,practical operability is not strong,the judicial personnel cannot be accurately identified an obligation is belongs in the category of collateral obligation or the payment obligation,thus resulting in a large number of parties rampant litigation,the judge reasons things out the unknown,and different connection with the given problem.Even those obligations attached to medical contract which have been agreed between doctors and patients have their own characteristics,so the existing objective technical standards can not accurately realize the judgment of the violation of obligations attached to medical contract.Since medical contract is not a typical contract and doctor-patient relationship emphasizes personal trust more than other social relationships,this paper believes that the judgment of the obligation attached to medical contract should lay more emphasis on the degree of attention and positive attitude of medical staff to the interests of patients subjectively,and further clarify the responsibility setting.In allusion to the problems exposed in the application of law,this article concludes that the current credit system in our country is not perfect,and the health system still needs to be strengthened,so we should not completely copy the German practice that abandon the concept of collateral obligation and put it into the embrace of the obligation of protection,the collateral obligation theory in the medical contract still has practical significance and is necessary to distinguish it from other obligations.In this regard,first of all,we should unify the standards for the identification of collateral obligations in medical contracts.Priority should be given to whether there is an agreement or a statutory situation,followed by the judgment of objective factors such as the quality of the medical environment and the amount of resources.At the same time,due to the large differences in the implementation background and conditions of individual medical behaviors,the determination can reflect a certain degree of flexibility.and relativity,but the bottom line of equal interest between doctors and patients cannot be surpassed.Secondly,it is necessary to reasonably set up the liability for damages for breach of the collateral obligations of the medical contract.Taking into account the compliance and complementarity in the status of collateral obligations,the principle of fault liability is more in line with the nature and characteristics of medical contracts and social psychological expectations.When medical institutions fail to take or refuse to take measures such as setting up monitoring equipment and equipping security personnel,resulting in damage to the patients' personal and property rights and interests,and the above-mentioned measures taken in a timely manner are still effective,they should be allowed to continue to perform.Similarly,if the breach of the incidental obligation affects the fulfillment of the purpose of the contract,the contract can be terminated.Furthermore,in the prevention and handling of medical disputes,the medical liability insurance system should be improved,and a team mediation model involving medical experts,legal experts,mediators,and people's supervisors should be actively advocated to jointly create a harmonious,civilized and beautiful “medical-patient community”.Finally,it is possible to clarify the selection rules of the obligatory guiding cases attached to medical contracts through technical upgrades and judge education,to break the bottleneck of the guiding case generation mechanism,so that its role in legal interpretation and application can be better played.