医疗服务合同的问题分析及对策

以合同的方式处理医疗纠纷存在不少理论障碍 ,本文从医疗服务的特殊性入手 ,分析了现行合同法难以规制医疗服务行为的原因 ,提出了建立和公示诊疗规范制度、设立基本救治基金、完善多层次的医疗保险制度 ,从而明确医、患双方的权利、义务 ,以实现合同法对医疗行为的规范。

Analysis and countermeasure on problems in contract of medical service

There are many academic obstacles existing in handling malpractices according with medical contracts. This article firstly analyzes the characters of medical service and the reasons why there are difficulties in ruling conducts of medical service with current contract law. Thereafter, the author presents such a solving plan that we should develop and notify publicly the regulations of medical conducts, establish primary treatment fund , perfect multilevel medical insurance system. Consequently, we can ascertain the rights and obligations of both hospitals and patients in order to make the medical conducts be ruled by current contract law.