论医疗服务合同的法律性质

On the Characteristics of Medical Service Contract

随着医患纠纷案件的增多,医患关系的法律性质问题逐渐成为理论界关注的焦点。本文认为医患关系是一种合同关系,应由民法和合同法予以调整,并指出医疗服务合同具有不同于普通合同的多个特点。

With the increase of the disputes between medical organizations and patients, the property of the relationship between hospitals and patients gradually becomes a focus issue widespread concerned. This paper put forward an idea that the relationship between the two parties is a kind of contract with some particular characteristics and that the civil law and contract law should be applied to adjust the contracts between hospitals and patients.