Research On The Right Of Emergent Medical Measures

Along with the rapid development of our country medical technology and the national life quality, civil’s medical rate also increased, personal medical expenditure in the family in the total expenditure proportion is also growing, and medical treatment also already became a little things not worth mentioning in the people daily life. In the situation to which both the doctors and patients become increasingly close, medical disputes occurred frequently in the field of medical practice in our country, as it is quite common for everyone. However, in the various causes of medical disputes, infringement of the right of informed consent of patients’undoubtedly is the biggest one. Indeed, in medical practice, the phenomenon that the doctor infringes the patients’right of informed consent is very common, therefore, both experts and scholars in academia or patients and their relatives, strongly urge the protection of the legitimate rights of informed consent right.However, in recent years, the emphasis of the rights of informed consent has been seemed overcorrect. In2007,"Pregnant Li Liyun Event" which initiated a great disturbance is undoubtedly the most typical case. The relevant laws of our country only unilaterally emphasizes on patients’right of informed consent, in general cases of medical practice, doctors must gained the patient or their family’s consent before they engage the corresponding medical behavior, and only in exceptional circumstances can be an exception. But due to lack of detailed provisions of the so-called special circumstances, it is not operable in medical practice, so doctors do not dare to take surgery before obtain the agreement of the patients an their relatives, so it leads to the tragedy that both pregnant and their fetus lose their life. As a warning for the future, we should begin to reflect on:the protection of patients’right of informed consent is a rational thing, but when patients or their families abuse this right, for the protection of patients right of life and health, doctors should be within reasonable limits to enjoy the corresponding emergency medical measures, so that it meets the original intention of lawmakers who formulate the protection of patients’right of consent. However, from the view of medical practice, medical emergency medical measures right is a kind of supplementary rights, if can be able to get standardized exercised, it is undoubtedly useful to supplement the patients’ right of informed consent system. But if lacks of strictly restrictions and regulations, the right of medical emergency measures may be violates the patients’ right of the informed consent. This paper focus on the emergency medical measures right as core issue, by combing the theory of the emergency medical measures right and analyze conflict between the emergency medical measures right and the right of informed consent, on the basis of combination of the relevant legislative status in our country, referring to the foreign advanced experience, in order to make the emergency medical measures right as uncommon right become a useful supplement to the right of informed consent.The main content of this paper is divided into four parts:The first part is the theory of the emergency medical measures right, including its meaning, characteristics and related concepts.The second part is analysis of conflict between the emergency medical measures right and the right of informed consent. Firstly, briefly introduces the basic theory of the right of informed consent system such as its historical evolution, meaning, specific content; thereafter, analyzes the conflict between the source of the emergency medical measures right and the right of informed consent; finally, analyses the causes of conflict between emergency medical measures right and the right of informed consent.The third part is discusses the legitimacy of the emergency medical measures right. Separately from the supremacy of the life and health, the patriarchy in the doctor-patient relationship and emergency theory.The fourth part discusses the rules of enforcement of the emergency medical measures right. Firstly, introduces the overseas related legislations and medical practice approaches; thereafter, separately from the principles, conditions and suggestions of exercitation of the emergency medical measures right.