试析医患间法律关系的分类及相互关系

Analysis on the Interrelationship and Classification of the Legal Relationship Between Doctors and Patients

医患关系在现代社会中已成为一种重要的、基本的、越来越受到人们关注的社会关系。本文试根据各种医患法律关系发生时双方意愿表示的程序,将其分为医疗合同关系、无因管理关系及强制医疗关系三类,并对三者间的关系作一些法理上的分析,以进一步探明医患问的法律关系,为减少并妥善处理医患关系间的纠纷提供参考。

The doctor-patient relationship tracted more and more attention in the modern has become an important and basic social relationship and has atsociety. According to the procedures of both sides will showing in different legal relationships between doctors and patients, this paper divides it into three categories： medical contract relationship, negotiorum gestio relationship and compulsory medical treatment relationship, and analyzes the interrelationship among them with the purpose of providing reference for further understanding the legal relationship between doctors and patients, reducing and properly handling the disputes between doctors and patients.