摘 要醫療契?是指醫療需要者和醫療提供者之間簽訂的契?，是將疾病的診斷、治療作為供給內容成立的契?。因為現在社會的變遷很快，除了健康以外，很多人已經開始重視自己的個人外表的完美。醫療為了滿足個人主觀美感的要求，利用現代醫學實現以個人非治療為目的的美容醫學服務，而大多數的人對於其手術後之成果並非達到預期之反應，其醫院診所之法律風險，本文探討如何預防其法律風險的管理，以目前國內司法實務的觀點，將醫療契?定為非典型契?，或接近委託性質的非典型契?。但是，由於美容醫學不具備一般醫療的急迫性、必要性、不確定性、治療性等特性，所以雙方當事人的意願表示與一般醫療不同。另外，醫療契?是釋字404號的解釋，我國的醫療領域分為西醫、牙醫、中醫三個部分，西醫的一部分涉及生命，使用者很多，容易辦理司法手續，因此可以瞭解司法實務的見解和態度。是否完全適用一般醫療行為和一般美容醫學行為的見解還在討論中。 AbstractA medical contract is a contract between a person needing medical care and a medical provider. It is a contract established with the diagnosis and treatment of diseases as the supply content. Due to the rapid changes in society nowadays, in addition to health, many people have begun to perfect their outside appearance. To meet the requirements of personal subjective aesthetics, medical treatment used modern medicine to accomplish cosmetic medicine services for personal non-treatment purposes. However, most surgeries did not meet the expectation of the clients and the clinics are at risk of lawsuits. This article discusses how to prevent the management of their legal risks. Based on the current domestic judicial practice point of view, From the current domestic judicial practice point of view, medical contracts are defined as atypical or atypical contracts with a delegation nature. Since medical cosmetology does not have the urgency, necessity, uncertainty, and curative properties of standard medical treatment, the wishes of both parties are different from general medical treatment. In addition, the medical contract interprets The Republic of China Constitutional Court No. 404. Our country's medical field is divided into Western medicine, dentistry, and traditional Chinese medicine. Some parts of Western medicine involve critical life or death situations, so there are many users. This situation makes it easy to go through judicial procedures; therefore, you can understand the opinions and manner of judicial practice. Whether the insights into general medical behavior and general medical cosmetic behavior are fully applicable is still under discussion.
