强制医疗关系中的相关问题研究

强制医疗关系是一种行政法律关系,在强制治疗中,因医务人员违法、不当造成相对人患者身体、生命或精神损害的,国家应当负责赔偿;为有效避免强制医疗引起的感染风险,应为医护人员设立医疗风险特别责任险;患者享有法定的免费救治权.

Research on Several Problems of Compelling Medical Relationship

Compelling medical relation is one kind of administrative legal relationships. In the process of compelling treatment, when illegal or improper treatment by medical staff hurts patient's body, life or psychology, the country must be responsible for compensation to the patient. To effectively avoid the risk of infection due to compelling medical service, the special liability insurance of medical risk for the medical staff should be set up. Furthermore, the patient is supposed to hold the power of receiving legally free cure.