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医疗机构的强制缔约义务是指医疗机构在特定情形下,负有必须与患者订立医疗契约并进行救治的义务,非有正当理由不得拒绝。其立法基础是契约正义对契约自由的矫正以及医学伦理道德的法律化。我国医疗机构强制缔约义务的适用范围仅限于患者处于危重病症情况,同时,医疗机构具有正当事由时可以不承担此义务。医疗机构违反强制缔约义务造成损害时,应当按照侵权责任法承担损害赔偿责任。针对医疗强制缔约义务可能引发的法律风险,医疗机构应从准确认识强制缔约义务,明确强制缔约义务的适用范围,基于合理理由拒绝缔约时注意履行相关义务等方面进行法律风险防控。
Medical institutions compulsory contracting obligations refers to the medical institutions in certain circumstances, have a medical contract with the patient and the obligation to treat, not without justifiable refusal. Its legislative basis is that contractual justice remedies the freedom of contract and the legalization of medical ethics. The scope of application of compulsory contractual obligations of medical institutions in our country is limited to patients in critical condition, and medical institutions may not undertake such obligations when they have just cause. When a medical institution violates the obligation of compulsory contracting and causes damage, it shall bear the liability for damages in accordance with the law of tort liability. In view of the possible legal risks caused by medical coercive contracting obligations, medical institutions should take legal risks prevention and control in terms of accurately recognizing obligatory contracting obligations, defining the scope of mandatory contracting obligations, and paying attention to performance of relevant obligations when rejecting a contract on reasonable grounds.