A Study On The Legal Medical Behavior Without Patient's Consent

With the complexity and professional of medical activities,the patients in medical treatment activity is in a weak position.To ensure the rights and interests of patients,many countries have passed the legislation about it.In general,the medical institution and its medical staff should implement medical behavior after the consent of the patients.But in a specific case,medical treatment without the consent of the patient is legal.In this article,through specific the case of medical treatment without the consent of the patients,clearly defined the legal medical treatment.Providing a reference so as to reduce the occurrence of medical disputes in practical.Doctors could also provide the diagnose and treatment for patients timely.In this article,I would use four parts to research the legal medical treatment without consent.The first part is the definition of legal medical treatment without consent.First,I would introduce the concept of legal medical treatment without consent and the relationship between the legal medical treatment without consent and informed consent right.Then I would specialize the type of legal medical treatment without consent.The part would make theory foreshadow for the article two,three,four parts.The second part of the article analyze the first special circumstance of legal medical treatment without consent,namely the compulsory medical treatment.First,the compulsory medical treatment of our country would be defined by analyzing the characteristics of this treatment,and then I would analyze the legitimacy of basis and conditions about the compulsory medical treatment of our country.Finally,I would discuss the legal liability for our country's compulsory medical treatment.The third part of the article analyze concretely the second special circumstance of the legal medical treatment without consent,namely the emergency medical treatment.First,the emergency medical treatment of our country would be defined by analyzing the characteristics of this treatment,and then I would analyze the legitimacy of basis and conditions about the emergency medical treatment of our country.Finally,I would discuss the legal liability for our country's emergency medical treatment,respectively conform to and not conform to the legal conditions of the emergency medical treatment.The fourth part of the article would analyze the problems in the existing legislation of compulsory medical treatment and emergency medical treatment.The present legislation situation of the compulsory medical treatment and the emergency medical treatment would be analyzed,and then I would put forward concrete measures aiming at various problems to perfect the system of legal medical treatment without consent.