医疗费用自费协议法律属性的分析

On the legal attributes of self-payment agreement regarding medical expenses

医患双方权利义务的发展变化趋势在宏观上反映为医疗模式的转变，微观上反映为法律法规对患者知情同意权的明确与强调。但是医务人员在患者自费的医疗费用方面很容易忽略告知义务。因此对于医疗费用自费部分告知义务的履行表现在书面上形式上即自费协议在临床工作中具有重要作用。本文从知情同意权及医疗服务合同订立两个角度对自费协议的法律性质进行分析，并探讨了签订时间，期望能够对医务人员的临床医疗工作有所启示与帮助。

In the macrocosmic perspective, the development trend of the rights and obligations of doctors and patients is regarded as changes in the healthcare mode. In the microcosmic perspective, it is regarded as a clarification and emphasis of the informed consent of the patients as required by laws and regulations. However,medical workers tend to neglect their obligation of informing the patients of the medical expenses to be paid out of their own pocket. In this consideration, informing the patients in writing of their self-payment in medical expenses is obligatory and important, i. e., the self-payment agreement is highly important in clinical work. This paper analyzed the legal attributes of self-payment agreement in the aspects of both the informed consent and the signing of the medical service contract, with discussions of the timing of signature,in the hope of inspiring and helping medical workers in their clinical practice.