Summary

The relations between patients and doctors are regulated in different countries mainly under contract law and on the basis of the rules for compensation for damage. Separate provisions may also be included in criminal law, the rules governing criminal procedure and civil procedure, and legislation pertaining to businesses. Further, their relations are influenced by the fundamental rights and freedoms arising from the Constitution and by different international conventions.
Since, in most countries with advanced civil legislation, the legal relations pertaining to health services are considered to have a private law nature, this article addresses some of the problems concerning the provision of health services from the civil law perspective. The author tries to take a more systematic approach to the problems of medical law in Estonia. The author analyses why the provision of health services is treated as a contractual rather than non-contractual legal relationship from the 70s of the 20^th century, explains the nature and terminology of a contract for the provision of health services and determines the subjects of such a contract. As the law in force does not treat a contract for the provision of health services as a separate type of contract, the author also analyses possibilities of applying and implementing in Estonia the principles of contracts for medical services as recognised elsewhere in the world.