医患关系的确立、存续与终止

The Establishment,Continuance,and Termination of Physician-Patient Relationship

从法律上研究探讨医患关系的确立、存续与终止,对建立和谐医患关系,规范医患双方的权利义务,规范医师执业行为具有重要意义。医患关系是一种特殊契约关系,其成立须有患者的要约和医师的承诺,须双方明示或默示一致。但急危患者和甲类传染病患者除外。医患关系权利义务关系的特点是患者享有较多的权利,医师负有较多的义务。医患关系存续期间应遵循双方平等和协商的原则。医患关系可在医方履行义务完毕后终止或因法定事由终止。

The study and discussion of the establishment, continuance, and termination of physician- patient relationship from a legal point of view is of great significance for establishing a harmonious physician - patient relationship, standardizing the rights and duties on both sides, and regulating doctors＂ clinical practice. The physician -patient relationship is a special type of contractual relationship, whose establishment needs the patients ＂requirement, doctors＇commitment, and the consistence and acknowledgement expressed or implied by both sides. But the patients with acute diseases or dangerously ill or the patients with Class A infectious diseases are exceptions. In the physician- patient relationship, patients enjoy more rights and doctors assume more duties. In the continuance of physician - patient relationship, principles of the bilateral equality and negotiated consensus should be followed. The physician -patient relationship should be terminated when the doctors have fulfilled their duties or the occurrence of statutory causes.