The Right Of Emergency Treatment Of Hospitals

Medical prescriptions without patients’ consent in emergencies, able to take active and effective measures to save the lives of patients with treated, is both a medical ethics issue, and more of a legal issue. To explore this issue from a legal point clarity of responsibility, duty and interest, can regulate medical first aid, protection of life and health of the patient, is of very important significance. After the incident of XiaoZhijun,2007, medical and law on this issue has been intense on the article, but most were from patients’ rights to emergency treatment or medical emergency disposal obligations of a single point of discussion for medical prescriptions should be how to restrict the exercise of the right to emergency medical treatment, how to be a pen, did not present practical package. In fact, the hospital could, should and should not be taken for medical treatment measures, is patients’ right of informed consent, medical emergency treatment and medical emergency interaction of obligations of result. I try first aid measures can, should, and how these three levels is discussed, an introduction to full-text in addition to conclusions and is divided into three parts:The first part "of patients’ right of informed consent and doctors’ emergency treatment." Derived from the basis of informed consent of patients’ right to self-determination, its real significance lies in the protection of the right to life and health of the patient. Emergency power is to limit the role of patients’ right of informed consent, stop of medical tort law, is protected by law as is the right to life and health of the patient. Find the right of informed consent and emergency treatment after common, further on "cannot agree" analyze, isolate patients and their close relatives, from the viewpoint of protecting the interests of patients with this common ground, emergency treatment is limited to the validity of the right to party without meaning, meaning of the invalid, close relatives of patients with different means, patients can’t fight I do not agree. The second part "right to medical emergency treatment and doctors’ emergency obligations." Medical emergency treatment right in the doctors’right to that benefits patients. Doctors’ interests instead of their exercise of the right to emergency medical treatment, but will face economic risk and legal liability, so doctors’failure to exercise the right of emergency may arise and need to be disposed of by the doctors’ urgent obligation to be bound. Obligations of its properties do not allow emergency obligations against the patients’ right of informed consent, exemption is limited to medical malpractice, medical prescriptions in order to exempt from responsibility in case of conflicts are often mechanically respecting patients’ right of informed consent, cause the patient to life and health damage. Emergency emergency disposal of the rights and obligations under the dual constraints, medical emergency treatment the right to right to limit patients’ right of informed consent in the exercise, relieve their patients’consent to treatment measures of obligation, lawful to take emergency measures in order to achieve the purpose of protecting the lives and health of patients with.Part Ⅲ,"medical emergency treatment and limits to the exercise of the right to". All parties thrown by the exercise of the right to emergency medical disputes can be divided into two areas of law and medical field are eventually resolved through legal, therefore need to establish two kind of ex post facto judicial and medical systems. Final recommendations by Government subsidies, commercial medical insurance and social insurance, social relief, addressing leakage caused by the exercise of the right to emergency medical.