The Protection Of The Physician Basic Medical Right

To diagnosis, disease investigation, medical treatment, medical research is the main content of the physician basic medical right, which is a necessary means to cure the sickness for saving the patient physician. The physician basic medical right is closely related to the medical behavior, which provides a guarantee for the life and health of the citizens. It is one of the most important rights of doctors.This paper attempts to study the basic medical rights of physicians, and to arouse the public’s attention to the physician basic medical right. The first part of the paper describes the reasons to choose the physician basic medical right. The second part of the paper mainly introduces the content, legal characteristics and the characteristics of the physician basic medical right. The physician basic medical right has abundant connotation and extension, mainly for diagnosis, disease investigation, medical treatment and many other rights. The special nature of the medical and health services, making the physician basic medical right has the administrative attribute, the power characteristic. These legal attributes lead to the autonomy, authority and particularity of the exercise of the physician basic medical rights. The third part of the paper explains the relationship between the physician basic medical rights and the citizen basic medical rights. The physician basic medical right belongs to the professional privilege, it is the right that the law and the patients give the doctors, and the citizen basic medical right belongs to the basic human rights category, there is essential difference between the two, but the citizen basic medical right is the premise of the existence of the physician basic medical right, The realization of the citizen basic medical right is based on the physician basic medical right. The fourth part analyzes the difficulties faced in the exercise of the physician basic medical right. Conflict is existing between the patients informed consent right and the physician basic medical right, Patients informed consent right has a lot of rights body, They are prone to disagreement, the physician is difficult to choose. The current state is inadequate protection efforts in the physician rights, coupled with the uneven distribution of medical resources, It is difficult to realize the physician basic medical right for some doctors; Between physicians and patients, there is a crisis of confidence, coupled with the exaggerated media coverage, so that so that exacerbate violent conflicts in physicians and patients, physicians take Defensive Medicine. The fifth part of the paper, in view of the difficulties faced by the physicians in the exercise of the physician basic medical right, the right protection measures are proposed. To protect the physician basic medical right, first of all, patients and physicians need to correct understanding of rights, they should exercise their rights within the scope of legal and prevent the right to cross-border; Secondly physicians and patients need to raise awareness of the law, reduce medical violence, to resolve the dispute through legal means; at the same time, patients should trust physicians, understand medical specialty, respect to the physicians basic medical right; And The state should rationally configure the medical resources, improve the system of medical liability insurance risk to dispersed medical risk.