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Plastic doctor-patient lawyer
The doctor-patient relationship is a typical medical service contract relationship. Although the Contract Law does not stipulate that the contract is anonymous, according to Article 124 of the Contract Law, "the provisions of the general provisions of this Law shall apply to contracts that are not explicitly stipulated in the specific provisions of this Law or other laws, and the closest provisions of this Law or other laws may be referred to". The most similar provision in other laws is Article 2 of the Law on the Protection of Consumers' Rights and Interests (hereinafter referred to as the Consumer Law): "Consumers' rights and interests are protected by this law when they buy or use commodities or receive services for their daily consumption. Matters not provided for in this Law shall be protected by other relevant laws and regulations. "The behavior of patients purchasing medical services for the purpose of health is a kind of life consumption behavior, which is in line with consumers in the law of elimination; The behavior of medical institutions charging patients and providing medical services is a kind of consumer service behavior, which is in line with the operators in the Consumer Law. This kind of consumption positioning not only conforms to international practice, but also finds that it has already become a reality for the United States to treat patients as consumers. And the cancellation of the elimination method is not ruled out. According to the statistics of China Consumers Association in 2000, medical disputes have become the biggest problem of consumer complaints. Some local people's congresses even enact laws to protect consumers' rights and interests, and explicitly include medical services in the scope of consumer rights and interests protection. For example, Article 20 of the Measures for the Protection of Consumers' Rights and Interests in Guangdong Province stipulates: "Operators engaged in cable television, postal services, telecommunications and medical and health services shall collect fees according to the standards approved by the price department, list the detailed items of the pricing unit in detail, and inform consumers in the form of a list. Fees collected in violation of regulations shall be returned to consumers in double. "Obviously, the contract between doctors and patients is first a medical service contract, followed by a medical consumption contract. At the same time, it has the nature of a contract for the sale of medical products (drugs, disinfectants, medical devices, blood and blood products), and belongs to a three-in-one comprehensive contract. Just because people's habits do not distinguish, they are collectively called medical service contracts.