Research on the Legal Issues of Doctor-patient Relationship Under the New 'Law on Protection of Rights and Interests of Consumers'

摘要

Whether the doctor-patient relationship can be included in the adjustment of "Law on Protection of Rights and Interests of Consumers" is a controversial topic in the legal circles and judicial practice in recent years. In other words, whether the doctor-patient relationship in the main medical and health undertakings of the state can also apply to the adjustment of "Law on Protection of Rights and Interests of Consumers" has become a focus topic. Although some scholars define hospitals as operators and patients as consumers, there are no corresponding provisions in the "Law on Protection of Rights and Interests of Consumers". Relevant medical malpractice treatment regulations can only protect the interests of patients who suffer personal injury due to medical malpractice, while patients can't take up the weapon of "Law on Protection of Rights and Interests of Consumers" to safeguard their rights and interests due to the inadequate medical services of medical institutions. The author believes that using the "Law on Protection of Rights and Interests of Consumers" to adjust doctor-patient relationship provides a new way to resolve doctor-patient disputes, which is conducive to protecting patients' rights, promoting the reform of medical system, and building a harmonious social atmosphere.