On The Obstruct Of Patient Autonomy

The obstruct of patient autonomy resistant to compensate for patient autonomy in theproposed legislation and practice, characteristics of importance to the health care industry.Some of the privileges authorized medical prescriptions, taking into account the protection ofthe legitimate rights and interests of medical institutions and their personnel. Eventually thetheory put forward to protect the legitimate rights and interests of patients with. Its essence isthat medical products to be our autonomy and patriarchy. Theory of autonomy, there areinevitable conflicts with the patient on the surface. But its essence is to make up for thedeficiencies of the autonomy, is still in order to protect the legitimate rights and interests ofpatients at heart. So you can say drag patient autonomy and patient autonomy are opposites.This paper first provides an overview of current features of the doctor-patientrelationship and medical tangle-prone era, under the premise of rationality in the approvedpatient autonomy, that the patient autonomy hindered the same necessity of its existence, andthat it should be a systematic analysis of the theoretical system, provide insights forlawmakers. Therefore the articles next based on the provisions of existing laws andregulations in China, focuses on medical tort liability in the tort law in particular to55th onthe instructions stipulated obligation of medical institutions, as well as the56th rescuemeasures taken on an emergency requirement. Then combines both at home and abroad onpatients autonomy of theory research and practice experience, summary practice in the ofproblem and so and found of legislation Shang of defects, think existing legislation far cannotmeet practice in the for medical patient disputes of processing and medical patient bothinterests protection of needs, thereby finds alone of autonomy legislation and cannot realmeaning Shang protection patients of lawful rights and interests of, and radical medical patient disputes, must to recognized patients autonomy of exists. And autonomy of patientswith resistant theory system analysis and summary, focusing on analysis of resistantidentification of prerequisites, including the present law has not made clear but the actualrecognition of the legal case and legal principles of medical practice for reasons of publicorder and good customs of the habit of taking it. And, based on analysis of two majorprerequisites for summed up the autonomy of patients with resistant forms of classificationand classification analysis. And, finally, the consequences of autonomy hindered analysisdiscussion with accountability, building a complete theoretical system of patient autonomy ishindered.Anyway, author through on at this stage medical practice of analysis, combines largecase and for processing cases of legal regulations of related provides, see both at home andabroad medical that related area of information, to found problem, and analysis problem, andsettlement problem of ideas for full text of writing, seeks to on patients autonomy resistance istheory formed a system of of awareness, think this theory on settlement at this stage medicalpatient disputes, and protection patients and medical patient both of lawful rights and interestsof are is is useful of, Should be expressly approved by existing laws and regulations in moredetail should be theories.