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Research On Giving Up Diagnosis And Treatment Behavior And Its Legal Responsibility To The Doctor

Posted on:2014-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:N TuoFull Text:PDF
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In our Constitution, Article45provides that:"citizens in the case of old age, illnessor loss of ability, have the right to material assistance of national development from thestate and society for citizens to enjoy these rights need social insurance, social reliefandhealth care."Of the People’s Republic of China on Medical Practitioners "Article25provides that:" acute risk patients, physicians should take urgent measures for diagnosisand treatment; shall not refuse to give emergency treatment."The law doctor patient diagnosis and treatment obligations, does not specify thecircumstances under which the doctor can give up treatment. Clinical practice, bothdoctors and patients as to whether to give up diagnosis and treatment often controversial,which frequently cause disputes and litigation, the lack of doctors to give up thediagnosis and treatment of laws and regulations and related research. Encounteredissues related to the past, this problem is avoided the name of humanitarian bannerattitude makes clinical practice is difficult to reach a consensus, clear urgently need toimprove diagnostic and treatment practices of doctors to give up treatment.In addition to the conclusion, the paper is divided into four parts.The first part of the clinical knowingly rehabilitation of patients with no hope offamily members insist on the medical staff for treatment; does not accept the reality ofrehabilitation illusions themselves and their families refused to sign the informedconsent form; patients and their families conduct a serious threat to the personal safetyof health care workers, the common influence doctors decided to treat or not conductcollate.Second part through the first part of the clinical impact on doctors to make thediagnosis and treatment decision whether or not the reality of the situation, under theState Medical Practitioners in emergency and critical patients, physicians should takeurgent measures for diagnosis and treatment; may not refuse emergency treatment"statute legislative purpose to explain the analysis and understanding of "treatment" inthe clear "critical patient" as defined in its scope, as well as legal provisions, doctorsgive up the basic nature of the diagnosis and treatment of behavior, performancecriterion.The third part of citizens as enshrined in the Constitution of the existing legalsystem in the case of old age, illness or loss of ability to work, the right to material assistance from the state and society; Medical Practitioners in accordance with thedoctor in crisis situations responsibility for treatment measures taken under theobligations of the doctor not to give up the relevant laws of the diagnosis and treatmentof inductive analysis and the different situations in clinical practice doctors to give upthe diagnosis and treatment of behavior criminal, administrative, civil liability,.The fourth part from physicians in the a generalized rejection diagnosis andtreatment of defined because they do not act as patients causing serious consequencesshould bear the corresponding legal responsibility, the analysis due to the complexity ofclinical practice, to analyze the behavior of the circumstances in which physiciansrefuse treatment can disclaimer liability.
Keywords/Search Tags:Doctor, Give up treatment, Patient in a critical, Crime of Medical Accident, Qualification
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