对用消费者权益保护法处理医疗纠纷的不同见解

Challenging views on the handling of medical disputes in accordance with the Law of Protecting Consumers Rights

我们针对社会上要求运用消费者权益保护法保护患者权益的舆论，从３ 个方面阐述了我们的不同见解：①我国卫生事业的性质决定了医院不是提供商品性消费服务的“经营者”；②患者接受对疾病的诊疗过程中的被动地位，及得到的诊疗服务不是等价交换，决定了患者不是接受一般服务的“消费者”；③由于医疗工作的不可完全预见后果的高风险性和医务人员无私奉献，诊疗服务不是一般的“服务”。因此，我们建议尽快专门立法，规范医患关系。

The public opinion that patients rights should be protected in accordance with the Law of Protecting Consumers Rights is challenged from 3 aspects. ①The nature of Chinas health cause rules out the possibility of hospitals being operators that provide services like consumer goods. ②The passive status of the patient in the course of taking medical treatment and the fact that the medical service he gets is not exchange at equal value exclude the patient from being a “consumer” receiving ordinary services. ③The high risk nature of medical work wherein consequences can hardly be fully anticipated and the selfless sacrifices made by medical workers determine that medical services are different from ordinary services. It is thus suggested that special laws be enacted as soon as possible so as to standardize care provider patient relationships and deal properly with medical disputes.