医方与隔离治疗之患儿的法律关系

Legal Relationship between Hospital and Underage Patients in Isolated Cure

因医疗行业的特殊性对部分患儿进行隔离治疗时,医方与患儿之间除了是基于医疗合同产生的以医患关系为基础的民事法律关系之外,还存在着基于委托合同产生的以监护代理关系为基础的民事法律关系,医方对隔离治疗之患儿负有部分监护职责。

The specialty of the medical services leads to that ,when the underage patients are in isolated cure, the legal relationship between the hospital and the underage patients is a civil legal relationship that is based on the doctor-patient relationship derived from the medical services contract,in addition,it is also a civil legal relationship that is based on the custody-agency relationship derived from the commission contract. The hospital needs to take certain custody responsibility of the underage patients that are in isolated cure.