However, in judicial practice, it is generally believed that the Consumer Law should not be applied to adjust the relationship between doctors and patients, mainly because patients are not consumers stipulated by law. Medical institutions, especially public hospitals, are not "operators" in the sense of this law, so the relationship between them cannot be adjusted by the Consumer Law. Only the corresponding medical laws and regulations and departmental rules can be applied.

Analysis:

First, the consumer protection law does not apply to medical damage compensation cases.

In the case of medical damage compensation disputes, some people advocate the application of the Consumer Protection Law, which has been controversial in judicial practice. I don't think it is appropriate. First of all, the Law on the Protection of Consumers' Rights and Interests regulates the legal relationship arising from the infringement of consumers' rights and interests in the process of purchasing, using goods or receiving services for their daily needs. Patients go to medical institutions for treatment, which does not belong to the scope of daily needs; Secondly, in the doctor-patient relationship, it is impossible to ensure that both doctors and patients enjoy equal choice in accordance with the provisions of the Consumer Protection Law, and it is also impossible to fully follow the voluntary principle to achieve a completely fair transaction of medical consumption. The hospital only has the obligation to treat patients who come to see a doctor and has no choice; Thirdly, the goods and services provided by general operators have relatively clear standards. When providing and receiving services, fair trade can be conducted according to these standards, consumers' rights and interests can be better protected, and operators also have clear standards to regulate their behavior. In the doctor-patient relationship, medical institutions cannot guarantee the cure of patients, and the degree of treatment should be considered as a fair trade. There is no clear quantitative standard for this. Therefore, the consumer rights protection law should not be applied to medical damage compensation disputes.

Second, the Regulations on Handling Medical Accidents should be applied to cases of compensation for medical damages caused by medical accidents.

According to Article 1 of the Notice of the Supreme People's Court on Hearing Civil Cases of Medical Disputes with Reference to the Regulations on Handling Medical Accidents, if a medical compensation dispute caused by medical accidents is brought to court after the implementation of the Regulations, it shall be handled with reference to the relevant provisions of the Regulations. And article 3: after the implementation of the regulations, the people's courts shall try civil cases of medical compensation disputes caused by medical accidents with reference to the provisions of Articles 49, 50, 51 and 52 of the regulations. The Regulations on Handling Medical Accidents came into effect on September 1 2002, which is an administrative regulation issued by the State Council in order to correctly handle medical accidents and protect the legitimate rights and interests of patients, medical institutions and their medical personnel. , specially used to adjust the damage compensation in medical activities. Therefore, in the case of medical accidents, the Regulations on Handling Medical Accidents should be applied.

Third, the General Principles of the Civil Law and the Judicial Interpretation of the Supreme People's Court on Personal Injury Compensation should be applied to cases where the damage result does not constitute a medical accident.