The Legal Patenralism In The Doctor-patient Relationship

There is an adjustment method about Medical paternalists in doctor-patientrelationship. It is considered the interests of the patient’s and it exists between private.Legal paternalism is the way of intervening on the freedom of the acter by lawreasonably, which has special meaning for using to the doctor-patient relationship. Itbased on the interests of patients to intervene the patient by law. The patient’sautonomy right is the basis of the intervention way which must be appropriate andlimited and may predict the interests of the patients’ risk. This article is divided intothree parts.The first part is about the difference concept features from the medicine, thedoctor-patient relationship and legal paternalism. The field of medicine evolved by amysterious witch wicca and it is a highly professional discipline. This feature enablesdoctors who master the technology in a strong position naturally but the paient in aweak. There is the "regarded with Pro" on ethical significance in doctor-patientrelationship, so we talk about what the relationship is and which kind apply to. It isdiscussed by different disciplines and different modes in the medical internal. Whilethe legal paternalism has different degrees in different fields, but there is specialsignificance in doctor-patient relationship: first one, it adjusts Individual behavior; thesecond, it is an modest and prudent for intervention.The second part is about the legal paternalism type of analysis in doctor-patientrelationship from strarting at the capacity with cases.It is very important forrecogniting the capability because it’s the basis of individual autonomy which it maymake patient‘s autonomy achieve possiblely. There are different degrees and ways todeal with different capabilities. For patients with a full capacity，they have muchmore autonomous rights, but it does not mean that are absolute ones. Under theillnesses, patients would get weaker than before in spiritual and psychological, and heor she may not do something by himself or herself really. So we should intervene the patient by law for his or her interest under certain conditions. For patients withincapacity and limited capacity, they can not decide something by themselves, and therights perfomed by their parents or anoher agents. Sometimes, their parents or anoheragents may hurt the patient by some factors, so we also should intervene he patient bylaw.The third part of the paper discussed what applicable standards of the legalpaternalism are in the doctor-patient relationship. we should analysis this from threepoints: first one, it intervenes in “type of guiding” by law; the second one, it shouldbe conformed to appropriate proportion principle by legal intervention; the last one, itshould forecast and avoid the medical risks by law.The conclusion part collates and summarizes the main pionts of the text.