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近年来,因医患双方沟通不到位而产生的医疗纠纷逐年上升,医患双方的关系被推至紧张的境地。在这样的时代背景下,有效运用法律的手段调整好医患关系,有序解决医疗纠纷尤显重要。这要从切实出发,对双方关系的定位进行全面分析,明确医患双方的权利义务关系,确保在处理医患双方关系时能够有法可依。本文从医患关系的定位入手,进而阐释现实当中存在的医患纠纷所涉及法律关系的定位问题,最后在综合分析的基础上对医患关系的法律适用进行讨论。
In recent years, medical disputes arising from the lack of communication between doctors and patients have risen year by year, and the relationship between doctors and patients has been pushed to a tight position. In such a time, it is particularly important to use legal means to adjust the doctor-patient relationship effectively and to orderly resolve medical disputes. This should proceed from reality and conduct a comprehensive analysis of the positioning of the relations between the two parties so as to clarify the rights and obligations of both doctors and patients so as to ensure that laws and regulations are adhered to in handling the relations between doctors and patients. This paper begins with the positioning of the doctor-patient relationship and then explains the positioning of the legal relationship involved in the doctor-patient dispute in reality. Finally, the legal application of the doctor-patient relationship is discussed based on the comprehensive analysis.