A Medical Lawsuit about a Hospitalized Patient Who Sank into Unconsciousness: On the Establishment of a Medical Contract and the Relationship between Physicians and Patients
When a patient seeks medical advice in a hospital, there would be a medical contract between the patient and the hospital. According to Paragraph 63 Medical Act, the legal representative, the spouse and the family memberships could sign the consent form for medical treatments and conclude a medical contract with the hospital, if the patient is failed to express his own will. According to the assumption in this paper, the medical contract could not be concluded without any expression of patient’s will and it could lead to a problem that the range of medical treatments could be unclear due to the lack of a contract. The civil responsibility of the contract aims to protect the interests of two parties. A patient’s claim which is based on the contract could be better than a claim based on torts on the one hand. On the other hand, the hospital could also claim to the patient for the payment of medical treatments according to the medical contract.