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【裁判要旨】对于医院以患者拖欠医疗费为由解除住院医疗服务合同的案件,应首先明确医疗服务合同系无名合同的范畴,并根据合同法一般规定结合其自身特点加以分析。对于符合出院标准的病人,鉴于患者负有支付医疗费之合同义务,且合同的解除不违背人道主义精神,应支持医院关于解除合同的诉讼请求。同时,合同的解除不具有溯及力,合同解除后,患方应及时足额给付医疗费并在合理期限内迁出病房,医方应承担的后合同义务是提供维持治疗效果的建议及病历资料复印件等。
The purpose of the referee The hospital for patients in arrears medical expenses on the grounds of lifting the hospital medical service contract cases, should first clear that the medical service contract is the name of anonymous contracts, and according to the general provisions of the contract law combined with its own characteristics to be analyzed. For patients who meet the discharge criteria, the hospital should support the claim for termination of the contract, given that the patient has a contractual obligation to pay the medical expenses and that the termination of the contract is not contrary to the humanitarian spirit. At the same time, the lifting of the contract does not have retrospective effect. After the contract is lifted, the patient shall pay the medical expenses in full and in time and move out of the ward within a reasonable period of time. The post-contractual obligations to be undertaken by the medical institution shall provide recommendations and medical records Copies of information and so on.