On The Medical Treatment Of The Right To Emergency Medical Measures

The medical dispute has become the focus of widespread concern in society,deepening the doctor-patient conflicts between doctors and patients,and the rights and obligations in a state of imbalance,excessive protection of patient rights,coupled with increased patient abuse of their rights phenomenon leads to the rights of medical personnel constantly violated,tense doctor-patient relationship essentially is not conducive to the protection of the interests of the patients.In practice,in the case of an emergency because of excessive protection of patients right of informed consent,and the medical situation often happens at a loss what to do in a nice hobble,doctors allowed to take medical measures will infringe the patient's informed consent,medical respect patients' right of informed consent will lead to the patient's right of life and health are not guaranteed still,will bring the law and public opinion on the punishment.So,in case of emergency,you need to limit the right of informed consent of patients,giving medical emergency medical measures against the patient's right of informed consent,the hospital is no longer mandatory to fulfill its obligations,but to fulfill its obligations for emergency treatment,patient's right of life and health protection to the final.Emergency medical measures refers to the right in case of emergency,no patient informed consent,to protect the interests of patients,doctors can take emergency medical measures right.Emergency medical measures have the characteristics of urgency,professionalism,high risk and the interests of patients as the fundamental starting point.China's "tort liability law" article fifty-sixth gives medical emergency medical measures right,but the law there are obvious flaws,cannot be solved in practice to make the right medical emergency medical measures facing the complicated situation.First,the premise of China's medical emergency medical measures right exercise is not reasonable;secondly,the emergency medical measures in our country to exercise the right of approval system is unreasonable;thirdly,the lack of exercise of medical emergency medical measures right safeguard mechanism and supervision mechanism of rights.The right of medical emergency medical measures in our country exercise not only exist loopholes in the law,in reality the exercise is in trouble in the doctor-patient trust below the bottom line under the background of the exercise for medical emergency medical measures right is patientautonomy to both hands,against the patient's right of informed consent,medical the uncertainty and complexity,it is easy to reach the expected effect and the medical and the patient into the hospital to undertake higher medical disputes,legal and economic risks.And the reality of the plight of legal loopholes for emergency medical measures of our hospital right,this paper puts forward the following suggestions: first,improve the provisions of the emergency medical measures to exercise the right premise;two,the establishment of the emergency medical measures committee review;three,improve the security mechanism of medical emergency medical measures right;four,improve medical occupation moral and the level of practice;five,the establishment of medical credit evaluation system;six,the media and the media behavior specification.I hope the above suggestions can guarantee the exercise of the right of the emergency medical measures,so that we can safeguard the rights and interests of patients.