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Study On The Perform Of The Right To Emergency Treatment

Posted on:2015-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:X T ZhongFull Text:PDF
GTID:2296330452451026Subject:Law
Abstract/Summary:PDF Full Text Request
The informed consent right,which is the most important and cored right to thepatient,emphasized the patient has the right to control their body,meaning the patient has theright to choose the health care project by themselves.Recently,with the increasing consciousnessof right of citizens,the informed consent right is turning up to abuse,the event of “liyun-Li”is atypical case。In order to avoid this tragedy happening again,the article56of 《Tort Law》stipulates clearly:when the patient is at the death’s door,and can’t get the decision of the patientor their relatives,after getting the agreement of the principal of the medical institutions,thedoctor can perform the right of emergency treatment to patient,which confirm the right ofemergency treatment priors to the informed consent right under the emergencycircumstances,that’s a progress.This paper is in the perspective of article56of the 《Tort Law》,analyzing the shortage ofarticle56of the 《Tort Law》in the clinical practice,for example “lack of the definition of theemergency circumstances、and lack of the duty of the perform the right of emergency treatmentect”,meanwhile citing and analyzing the rule of how to perform the right of emergency treatmentin American and Taiwan,in order to get some idea to perfect the performance of the right to theemergence treatment in the clinical practice and impel the right of emergency treatment to be theeffectively supplement of the informed consent right.
Keywords/Search Tags:the informed consent right, at the death’s door, emergency circumstances, theright of emergency treatment
PDF Full Text Request
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