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随着市场经济体制的确立和医疗卫生制度改革的启动，现有医疗法律制度的缺陷和弊端日渐明显。本文在认定医患双方权利与义务关系的性质为基于医疗服务的合同法律关系的基础上，提出现有医疗法律制度的改革，重点在于正确界定医疗纠纷并科学分类、明确医疗损害赔偿的归责的原则、改革现行医疗鉴定体制、赋予病员及其家属法定知情权及调整卫生行政主管部门的职能。
With the establishment of the market economy system and the reform of the health care system, the defects and malpractices of the existing medical legal system have become increasingly apparent. Based on the conclusion that the nature of the relationship between the rights and obligations of doctors and patients is based on the contractual legal relationship of medical services, this paper proposes the reform of the existing medical legal system with the emphasis on correctly defining medical disputes and scientifically classifying the liability of medical damages The principle of reforming the existing medical appraisal system to give the patients and their families the legal right to know and to adjust the functions of the health administrative departments.