On The Subject Status Of Patient’s Close Relatives In The Medical Decisions

Chinese scholars on the patient’s close relatives as a subject of medical decision (even as a supporting role) for a long time. Relevant medical regulations and practice also have different attitudes and practices. Although they are controversial, but the academic mainstream view is that the patient’s relatives plays an auxiliary role in medical decisions. It belongs to a subordinate position in nature. Mainstream scholars made a demonstration from the basis of family ethics, the oriental cultural traditions and social customs, relatives stakes(practical feasibility), and practical necessity. However, these arguments are only focus on the protection of the rights and interests of patients with unilateral, and ignore the legitimate rights and interests of the patient’s close relatives.The patient’s close relatives play a very important role in the patient’s medical affairs on Chinese medical system and practice. And they are not supporting role. Exercise medical decisions of patient’s close relatives are complicated and varied. The patient’s close relatives become a subject of medical decision under certain conditions. This performance not only in helping patients to protect their best interests, but also in patient’s close relatives make medical decisions in order to protect the rights and interests of family and other relatives. Patient autonomy is established on the basis of extreme individualism tendency of the theory of liberalism. And community theory is a reflection on the liberalism. The interests of the patient’s close relatives is closely related to medical decisions. The interests of patient’s close relatives is not inferior to the interests of patients. Patient’s close relatives could exercise their medical decisions based on the protection of their rights and interests under certain conditions.to a certain extent restricts the patient autonomy. And this could restrict the patient autonomy on some extent. The patient’s close relatives have their own independent position in the medical decisions. They must be repositioned. This is one of the essential connotation of communitarianism theory. Medical decisions relating to patients and their relatives are classified based on patients medical affairs involved factors and medical expenditures to the influence degree of close relatives and the possibility of patient cured. Specific as follows:First of all, medical affairs about medical expenditures has less influence on normal life of his close relatives.secondly, medical affairs about medical expenditures has a great influence on normal life of his close relatives and higher curability. The last, medical affairs about medical expenditures has a great influence on normal life of his close relatives and lower curability. Patients have independent medical autonomy in the first case. It is necessary to grant patient’s close relatives to participate in medical decisions. And they can eventually shake the decision of the patients in the second case. It is necessary to grant patient’s close relatives to participate in medical decisions. And they can not eventually shake the decision of the patients in the third case.The doctors is the main subject of the doctor-patient relationship. They play an important role in medical affairs. They should not serve as the main subject of medical decisions, and only act as a proposed role unless the statutory health emergency case. This is based on the consideration of many factors. The legitimate rights and interests of patient’s close relatives as one of the legislative factors in Chinese relevant laws and regulations. We should grant the patient’s close relatives to independent position in the medical decision in order to improve the legislative status.