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正确处理医患关系不仅关乎社会和谐,还关乎新医改的成败。如何发挥《消费者权益保护法》的作用,以弥补传统民法保护的缺陷与不足,是正确处理医患关系的关键所在。笔者认为,医患关系性质上属于民事法律关系,医患关系主体分别是消费者和经营者,医患关系是消费关系,医患侵权适用过错责任原则,基于患者的弱势地位应由《消法》给予医患合同和医疗侵权以倾斜性保护。
Correct handling of doctor-patient relationship is not only related to social harmony, but also related to the success or failure of new medical reform. How to play the role of “Consumer Protection Law” to make up for the shortcomings and deficiencies of traditional civil law protection is the key to correctly handle the relationship between doctors and patients. The author believes that the relationship between doctors and patients belong to the legal relationship between the civil law, the doctor-patient relationship is the consumer and the operator, the doctor-patient relationship is the relationship between consumer, doctor and patient tort liability principle of fault, based on the patient’s disadvantaged position should be “ ”To give medical contracts and medical tort to tilt protection.