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医患关系是一种特殊的民事法律关系,它具有医患双方法律地位平等、意思自治、等价有偿等特征。当下,医患关系愈发紧张,医疗纠纷屡见不鲜。在法律适用领域,对医患关系的调整曾出现诸法并存,用不同法律可以得出不同结论的司法不统一现象。用《消法》调整医患关系为医患纠纷的化解提供了新的路径,有利于保护患者权利、促进医疗体制改革、构建和谐的社会氛围。
Doctor-patient relationship is a special kind of civil legal relationship, which has the characteristics of equality of legal status between doctor and patient, autonomy of purpose and equal compensation. At present, the doctor-patient relationship is getting more and more tense, and medical disputes are commonplace. In the area of application of law, the coexistence of various laws has appeared in the adjustment of doctor-patient relationship, and different laws can lead to the different judicatures of justice. Adjusting the doctor-patient relationship with the “elimination method” provides a new path for the resolution of disputes between doctors and patients, helps to protect patients’ rights, promotes the reform of the medical system, and establishes a harmonious social atmosphere.