医患关系和医疗合同立法探析——兼谈对医疗纠纷的本源遏制

A Study and Analysis on the Doctor-and-Sufferer's Relation and the legislation of Medical Treatment Contract

医患关系的龃龉之根源在于我们对其性质的长期误解 ,随着相互参与型已成为当代医学一致公认的医患关系的理想模式 ,立法的配套改革已经刻不容缓 ,本文旨在分析医患关系性质的基础上 ,通过对医疗合同的制度设计 ,为医患双方的平等对话提供一个平台 ,以期能对医疗纠纷进行本源性的遏制。

The reason that the relation of doctor-and-sufferer's is tensile lies in our misapprehending its character.As'interactional-type'has become the ideal mode which is acknowledged by the medical field nowadays,the relevant reform of legislation is no time to delay.This article intends to offer a platform for the talk between doctor and sufferer by making a system design on the medical treatment contract,which roots on the analysis on the character of the relation between doctors and sufferers,and expects to keep within limits on the dissension of medical treatment.