我国现行法律没有预约和违反预约责任的相关规定,对医院专家门诊预约违约责任的规定也是空白,法院在处理医院专家门诊预约违约引起的纠纷案件时常常存在法律适用上的困难。本文认为应依据我国合同法有关违约责任的规定,参照学界预约理论,并结合医院专家门诊预约违约责任的特点进行法律适用。 The existing law of our country has no reservation and violation of the relevant provisions of the appointment responsibility, and the rules on the appointment of hospital experts for the liability for breach of contract are also blank. The courts often have difficulties in applying the law when handling disputes arising from the default of hospital expert appointment clinics. This paper argues that the legal application should be based on the provisions of contract law in our country concerning liability for breach of contract, referring to academic reservation theory, and combining with the characteristics of liability of hospital experts in outpatient appointment booking.