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随着人们生活水平的提高,人们也日益关注自己的健康,医生与患者的接触也日益繁多。目前,见诸于各种媒体的医疗纠纷也日益增多,那么如何理解、规范这种关系便日显重要。本文结合我国的现行法律法规对这一问题进行系统论述,以解决现实中的问题。一、医疗合同的法律性质关于医疗合同的性质,医疗合同是一种委任或准委任合同。医方通过患者的委任,取得了依据现实状况对患者进行治疗的权利,井且对现实中遇到的各种情况享有自由裁判的权利。但这种权利若违背了当事人的利益,则当事人可
As people's living standards improve, people are also increasingly concerned about their own health, doctors and patients are also increasingly exposed. At present, the number of medical disputes seen in various media is also on the rise. How to understand and regulate this relationship is therefore of paramount importance. This article combined with the current laws and regulations in our country systematically discusses this issue to solve the problems in reality. First, the legal nature of the medical contract About the nature of the medical contract, medical contract is a kind of appointment or quasi-appointment of the contract. Through the appointment of patients, the medical authorities have obtained the right to treat the patients according to the actual conditions and enjoy the freedom to decide on the situations encountered in reality. However, if such rights violate the interests of the parties, the parties may