An inquiry into application of Law for Protection of Rights and Interests of Consumers to disposal of medical disputes
- VernacularTitle:处理医疗纠纷中应用消费者权益保护法之我见
- Author:
Suzhen XIAO
;
Hong GAO
;
Zhongzheng HE
- Publication Type:Journal Article
- Keywords:
Medical disputes Commodity consumption Equal value Non-gratuitous act Law
- From:
Chinese Journal of Hospital Administration
1996;0(04):-
- CountryChina
- Language:Chinese
-
Abstract:
The article discusses whether the "Law for Protection of Rights and Interests of Consumers" is applicable to the disposal of medical disputes between doctors and Patienes. From the point of the Principle of exchang of commodities, the relation between doctors and patients is not one of commodity consumption on the basis of exchange at equal value. In terms of the nature of the medical and health cause, hospitals are not operators managing goods. In light of the inherent characteristics of medical service, medical and health work is a special trade of services. In the perspective of law, medical services are no ordinary acts of economically legal relation between doctors and patients,they are rather a special consuming act on the side of consumers and there is a special economically legal relation between doctors and patients. Accordingly, the "Law for Protection of Rights and Interests of Consumers" is not applicable to the diposal of disputes between doctors and patients.
