The Practical Analysis Of Doctors' Emergency Treatment Rights

Emergency treatment in recent years,the doctor to save the critically ill patient behavior with the patients or their families often conflict between informed consent and similar disputes also happen from time to time,the doctor emergency treatment right and informed consent of patients or their families rights conflict and balance between the need to think about and solve.Comparing typical in recent years,influence bigger zhi-jun xiao case forcibly cutting palace,guangzhou hospital case and shanxi yulin maternal,can give the doctor found that the existence of the informed consent right of patients with the implementation of the emergency treatment behavior brought obstacles.Therefore,the patients can not get timely treatment,and the right to life and health is not guaranteed,resulting in the tragedy in the above cases.Study the reason,on the one hand,is our country imperfect laws and regulations on medical emergency treatment,although put forward in the event of an emergency doctor can cure,but there is no clear empower doctors determine treatment;On the other hand is the abuse of informed consent by patients or their close relatives.Patients or their close relatives are facing emergency treatment,and the exercise of informed consent is absolute and ignores the patients' health benefits.These two reasons make a doctor of critically ill patients in the face of an emergency,not according to the professional judgment directly to race against time to rescue,but only subject to the strict procedures and requirements of informed consent,and can't also dare not treatment directly.In order to solve this problem,it is an important way to establish the right of emergency medical treatment.It not only gives doctors the right to decide emergency treatment,but also restricts the abuse of patients' informed consent and provides practical legal basis for solving practical problems.