醫療行為契約化之若干問題分析與醫療契約於掛號起始風險之建議

The Analysis of Some Issues from Medical Behavior’s Contracting and the Modified Suggestion for Risks of Offering Time as the Initiation of Medical Contract

在一般法學學者的研究通說，醫療行為提供者與接受者的法律關係，定位為契約關係1。由於醫療行為的形式，不拘一格，呈現多種態樣。本文首先說明醫療行為的定義與分類；其次，論述民法契約成立與生效要件；接次，論述醫療行為與醫療契約的關係以及若干問題；接著，以醫療契約於門診起算的風險為例提出見解；最後，在醫療契約下的醫療行為該在民法體系如何避免契約要約成立的眾說紛紜，提出預約與本約區分的建議。

Medical behaviors are multiplied and specialized not to be easily and legally defined. Though medical behaviors should be involved in parties’ rights and obligations, which are pursuant to the norm of “Debt” regulations in the Civil Law, some odds might exist in variant fields. So first, this article is about to explain the administrative definitions and different types of medical behaviors; secondly, to comment the reasonability and obstructs of medical behavior contracting to which ordinary contracts analogize; thirdly, to study the medical risks that could exist under the striking influence of contractual offering time. Finally, this article suggests that the limitation of the offering time is on the pre-contract of registration, not on the medical contract itself.