论和谐医患关系的法律支撑

Discussion of the legal support of harmonious relation between hospital and patient

医患关系正成为当今社会关注的热点问题,医方秉持强势地位,不尊重患者的权利,规避应尽的义务,患方往往囿于医疗专业知识和法律手段的匮乏,处于被动服从的弱势地位,医患双方权利义务的不对称,导致医患关系紧张。本文在现有法律法规的框架下探讨医患关系的法律性质、医患双方的权利义务、医疗纠纷的解决途径,试图从法律层面上寻求支撑,以期改善医患关系。

As the relation between hospital and patient is becoming the hot topic to which the society pays great attention. The hospital is at the strong position while it doesn＇ t respect the patient＇ s right and dodging the natural duty. Lacking of medical specialized knowledge and the legal method, the patient is passive obeying in weak side. Thus imbalances of right and duty between the hospital and patient caused the relation between hospital and patient to be intense. This article attempts to seek the support from the legal angle to improve the relation between hospital and patient by discussing it under the existing laws and regulations frame, the right and duty of both sides, and the method to solve the medical dispute.