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A Study On Legal Issues Relevant To Unauthorized Medical Treatment

Posted on:2011-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:D S JiaFull Text:PDF
GTID:2166360305976747Subject:Law
Abstract/Summary:PDF Full Text Request
Medical practice takes patients as its subject and the interests of life and health of patients as the object. It is inevitable to cause invasivity and damage to patients. In this sense, medical practice is infringement on the health behavior in nature. The legality of medical practice results from the consent of patients which negates the illegality of medical practice. Informed consent of patients is the result of the enrichment and development of the concept of human rights. The informed consent centers the decision of patients themselves and theoretically based on liberalism. In medical practice, the right of informed consent must be respected. The infringement of this right is unauthorized medical treatment which will bear civil liability or even criminal liability. But there are limits for any right. The exercise of the right of informed consent must also be within the legal tolerance; otherwise they will not be protected by law. In case of abuse of the right of informed consent or in case that the patients are suffering from diseases which are related to public interest, medical illegality of unauthorized medical treatment will be exempted. At the critical moment of life, if the suffering party refuses treatment, the unauthorized medical treatment implemented to save lives can be exempted through an emergency exemption hedge system.
Keywords/Search Tags:unauthorized medical treatment, patient informed consent, tort liability, impediment of illegality, exemptions
PDF Full Text Request
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