Legal analysis: in terms of personal health and life safety, the law gives special protection, from the perspective of the overall interests of society, so the exemption clause in the medical contract must strictly follow the legal provisions, otherwise it will be invalid. Today, Bian Xiao will show you how the exemption clause of medical contract is stipulated.

First, the medical contract exemption clause

Personal injury cannot be exempted, it should be absolute, and it doesn't matter. In practice, this exemption clause often appears in the following four forms:

1, all exempted. That is, the parties agree in advance that the future victim will give up any claim for compensation against the responsible party in the future. This exemption clause is most common in employment contracts.

2. Limitation of liability clause. That is, the parties agree in advance that the future personal injury compensation will be calculated in a specific way or limited compensation not exceeding a certain amount. Such clauses often appear in current medical contracts.

3. Clauses limiting the time limit for requests. That is, it is agreed in advance that the future victim must file a claim for personal injury compensation within a certain period of time, and will no longer enjoy the right to claim compensation after the deadline. This exemption clause does not take the direct exemption from liability as the appearance, but limits the claim right of the parties by limiting the claim period to escape the legal regulation.

4. Establish a fixed salary amount or model. That is to say, it is agreed in advance that when personal injury liability occurs, the responsible party will pay compensation in a fixed amount, and the insufficient part will be exempted or compensated in a fixed way, and compensation will be made according to relevant laws and regulations.

The above four forms of exemption clauses should be confirmed invalid in judicial practice according to the provisions of the Contract Law.

Second, what is the exemption clause?

Exemption clause refers to the terms agreed by the parties to exempt or limit their future contractual responsibilities. The exemption clause is often written into the contract or standard contract by one party as an express or implied offer, in order to obtain the other party's commitment and make it legally effective. As far as its original intention is concerned, it refers to the terms set in the contract by both parties when concluding the contract or when the standard contract provider provides the standard contract, in order to exempt or limit the responsibility of one or both parties. Therefore, the exemption clause is an offer with the intention of limiting or exempting the parties from future responsibilities, which belongs to civil legal acts.

Although the contract is the result of the autonomy of both parties, the most important thing is the expression of the true meaning of the parties, but for the sake of protecting the weak, as a relatively strong hospital, the corresponding exemption clauses in the medical contract must comply with the mandatory provisions of the law. The above is what Bian Xiao compiled for you about how to agree on the exemption clauses of medical contracts, hoping to help you.

Legal basis: Article 33 of the Regulations on Exemption from Medical Accidents in People's Republic of China (PRC) stipulates that six situations that do not belong to medical accidents are the legal exemptions for doctors. Based on the disputes in practice, the author thinks that there is still room for discussion on how to understand and apply the above provisions.

First, taking emergency medical measures to rescue dying patients in an emergency has adverse consequences.

Two, in medical activities due to the patient's abnormal condition or the patient's special physique and medical accidents.

Unforeseen or unforeseeable adverse consequences under the existing medical science and technology conditions.

Four, no-fault blood transfusion infection caused adverse consequences.

Five, due to the patient's delay in diagnosis and treatment caused adverse consequences.

6. Adverse consequences caused by force majeure.