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该文从经济学原理分析出发 ,医疗市场中存在着供需双方 ,医疗卫生服务的消费者就是病人和健康的就医者。医疗消费具有三个特殊性 ,医患双方的知识和信息不对称 ;医患双方处于主体与代理人的关系 ;医疗消费具有疾病和财务的风险性 ,因此患者在医疗消费时总是处于不平等的地位 ,其权益需要得到保护。医疗消费者的权益应包括治疗自主权、卫生服务提供者的选择权、人格尊重权、知情权、隐私权等健康权。作者认为医疗服务也应列入《消费者权益保护法》的范畴之内。
This article starts from the analysis of economic principles, there are supply and demand sides in the medical market, consumers of medical and health services are patients and health doctors. The medical consumption has three special characteristics. The doctors and the patients have asymmetric knowledge and information. The doctor and the patient are in the relationship between the subject and the agent. The medical consumption has the risk of disease and financial. Therefore, the patient is always inequality in the medical consumption. Its status requires its rights and interests to be protected. The rights and interests of medical consumers should include the right to treatment autonomy, the right to choose providers of health services, the right to respect the personality, the right to know, and the right to privacy. The author believes that medical services should also be included in the scope of the Consumer Protection Law.