如何构建良好、和谐的医患关系始终是全社会共同关注的重要话题。医学本身具有专业性、未知性、风险性和特异性等特征,这就决定了医者既要对抗科学发展本身存在的风险,同时又要面对个体差异性所带来的风险与不确定性。面对医学本身的复杂性,各国都在自身的体系与脉络中发展医事法,中国医事法的发展也体现出行政体制与法律制度的二元结构矛盾,出现了案件案由、法律适用和责任鉴定等双轨制。中国《侵权责任法》的制定与发展以及《民法典》的编纂,逐步完善了医疗损害责任制度,司法实践中也在逐步调试,使医疗纠纷走入法治轨道。面对医患关系之间的张力,法律上规定了患者享有知情同意权、病历资料查阅复制权、隐私权、损害赔偿请求权,医方则负有包括诊疗护理义务等合同义务以及不得拒绝提供诊疗义务等非合同义务,医患关系之间的权利义务趋于平衡。然而,对于过度医疗、患者获得紧急救助权和医者权益保护等问题,仍应十分重视并完善相应制度建构。
<<How to build a good and harmonious doctor-patient relationship has always been an important topic of common concern in the whole society. Medicine itself has the characteristics of professionalism,uncertainty,risk and specificity,which determines that doctors should not only resist the risks of scientific development itself,but also face the risks and uncertainties brought by individual differences. Facing the complexity of medicine itself,all countries have developed medical law in their own system and context. The development of medical law in China has also experienced the dual structure contradiction between administrative system and legal system,and there have been dual track systems such as cause of case,application of law and responsibility identification. The formulation and development of China’s Tort Liability Law and the compilation of the Civil Code have gradually improved the medical damage liability system,and are also gradually debugged in judicial practice,making medical disputes into the track of the rule of law. In the face of the tension between the doctor-patient relationship,the law stipulates that patients have the right to informed consent,the right to access and copy medical records,the right to privacy and the right to claim damages,while the doctor has contractual obligations including diagnosis and treatment and nursing obligations and non-contractual obligations such as not refusing to provide diagnosis and treatment obligations. The rights and obligations of the doctor-patient relationship tend to be balanced. However,we should still attach great importance to and improve the corresponding system construction for the problems of excessive medical treatment,patients’ right to emergency assistance and the protection of doctors’ rights and interests and so on.
<<Keywords: | Civil CodeDoctor-patient RelationshipPatient RightsRights and Interests of DoctorsMedical Obligations |