The Patient Agrees To The Lack Of Legal Research On The Emergency Treatment Of The Doctor

Today,whether the doctor can take positive and effective emergency treatment to save the lives of the patients in the absence of the consent of the patients,which is not only a medical ethics,but also a legal issue.In the process of diagnosis and treatment,the most important right of the patient is informed consent,which means the patient has the right to choose the medical treatment program,"Life-saving "is seen as a doctor's compulsory duty since ancient times.On the one hand,saving the lives of the patient is a doctor's practice requirement;on the other hand,respecting patient's informed consent right is also a guideline that doctor has been to comply with.It has a big significance to explore this issue from legal point of view,and sort out the relationship between them,which help to standardize the first aid behavior and protect patient's life and health.In recent years,with the increase of awareness of civil right,it emerged phenomenon of abusing right to know and right to consent.The typical cases are "Beijing pregnant woman died" and "refused to death" in Guangzhou version.In order to avoid the recurrence of similar tragedies,the article 56th in "Tort Liability Law" affirmed medical emergency treatment has the priority to the patient's right of informed consent if the patient is under critical condition.However,it did not make clear provision in terms of following responsibility and scope of the emergency treatment,which puts emergency treatment in medical practice into dilemma circumstance and makes it an urgent need to be improved in legislation.This essay based on two related cases and stood the corner of article 56th in "Tort liability law".In the first part it summarized the definition as well as characteristics of emergency treatment and informed consent right;furthermore,it analyzed the relationship between them.The second part introduced the basic background information of the relevant cases and the legal issues involved.The third part discussed the article 56th "Tort Liability Law" in solving the rationality and limitations above legal issues.The fourth part put forward ideas and strategies for the limitations mentioned above.The essay positively addressed the reasonableness of the emergency treatment in medical practice,and on the other side,it analyzed the shortcomings of medical emergency treatment in clinical practice,such as no clear definition for "emergency" as well as unreasonable review for emergency treatment behavior and lack of relevant provisions for following responsibility.At the same time,the essay provided effective and legally practice in our country's emergency treatment in view of other countries and regions' practice in emergency treatment without consent of the patient,such as clear stipulating the scope emergency treatment and giving full play to the supervision and examination mechanism of the hospital ethics committee,applying the principle of emergency avoidance as the following responsibility for emergency treatment and so on,then,the medical treatment of emergency treatment has become a useful complement to the patient's right of informed consent.