Theory Of Emergency Diagnosis And Treatment Behavior Law Qualitative And Legal Responsibility

In recent years,the number of medical disputes rising in our country,has become a hot social concern,among them,involving the doctor emergency diagnosis and treatment behavior occupies a considerable proportion of the dispute.In patients with an emergency,I can't make conscious decisions,and patients' families can't or can't make rational decisions on its behalf,medical institutions and doctors in the case of no patients and their families agree whether emergency diagnosis and treatment behavior become the focus of the dispute.The core of the problem is the decision and diagnosis and treatment of emergency patients family members of the agency conflict.Furthermore,it also refers to the legal nature of emergency treatment,whether it is the right or the duty of a doctor,and the theory is different.So far,the majority of the rights.But the doctor's emergency diagnosis and treatment behavior as the doctor's rights,and rights can be discarded or not as,it is with the legal provisions of the doctor in case of an emergency first aid duty does not meet;Secondly,according to the corresponding relationship of rights and obligations,the doctor emergency diagnosis and treatment of behavior as a right and patients' right to know,consent and the decision is not corresponding;Finally,it is easy to abuse the right of the doctors by using the doctor's emergency behavior as a right to strengthen the rights of the doctors.And the doctor's emergency behavior,which looks more like a doctor's duty,seems to be more likely to bring the doctor to life.But it undermines the physician's discretion in the course of the practice.The author thinks that,the emergency diagnosis and treatment behavior qualitative for the business of doctors is more reasonable.In practice about the doctor emergency diagnosis and treatment behavior to implement supporting measures still need further perfect,otherwise,the doctor the duty of the complete emergency diagnosis and treatment is still difficult,the legitimate rights and interests of doctors and patients not guaranteed,doctor-patient contradiction is still not improved.The article adopts the method of empirical analysis to classic case as the breakthrough point,combined with the empirical data,such as the related cases,judgment,behavior of doctors in emergency diagnosis and treatment has carried on the qualitative analysis and the analysis of the legal responsibility,and probes into the doctor's diagnosis and treatment of emergency action and other rights conflict and the solution,look forward to better achieve the mission of medicine,to build a good doctor-patient relationship.The first part of this article into three classic cases,the first is Liyun Li case in 2007,it set off a doctor around emergency diagnosis and treatment behavior is right or obligation of academic debate,the second is in contrast to the good-bye case results of cases,the third is the comparison of a Japanese famous "Jehovah's witnesses refuse to" the blood transfusion case,the case after the patient's decisions start into a part of the personality right.The second part is the qualitative analysis for emergency diagnosis and treatment behavior,first to make a concept of the emergency diagnosis and treatment behavior,then the emergency law qualitative diagnosis and tour last access to emergency medical behavior are analyzed,and also has carried on the comparative study of both at home and abroad;The third part demonstrates the legitimacy of emergency diagnosis and treatment action,from ethical justification and legitimacy of law two aspects;The fourth part is to analyze the diagnosis and treatment of emergency action and other rights conflict and the way to solve,one is the patient consent rights conflict,the other is the patient's family the agency conflict,finally also draw lessons from foreign successful experience,puts forward two points to solve the problem of conflict: submit medical ethics,respect the patient's disciplinary action will be set.Fifth part for emergency diagnosis and treatment behavior of permissions,conflict as well as the case in this paper,the brief analysis of the civil liability of the doctor emergency diagnosis and treatment behaviors.