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On The Emergency Disposal Power Of Medical Institutions

Posted on:2019-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2356330548458235Subject:legal
Abstract/Summary:PDF Full Text Request
Medical institutions are charged with the mission of saving lives,but since when did they not know,medical institutions have been "blackened",and the comrades who help patients to overcome the disease have become the "enemy" of the opposite side.The affected party began to actively request for rights,and even experienced excessive rights protection.As a result,medical institutions became very thin when they carried out medical treatment activities.They feared that the affected party would send himself to the dock in the event of an accident.This kind of situation makes medical institutions should focus on medical treatment activities,but now it spends a lot of time and energy on the improvement of cases,and the signing of informed consent forms and other things.Although China has provided medical institutions with emergency disposal rights,due to unclear definition and unscientific procedures,medical institutions have difficulties in their application,especially the emergency treatment rights of medical institutions and the informed consent of patients.When the rights collide,how should the medical institutions do? The law does not give clear guidelines.For the sake of their own defense,the medical institution has to choose to give the right of emergency disposal to the right of the affected party,so that the emergency disposal right in practice resembles the castle in the air.For example,on August 31,2017,“Menglin Maternity Jumping House Incident”,medical institutions have been stressed that the maternal family members do not agree with caesarean section,and gave out the family members refused to cesarean section,adhere to the production of informed consent,indicating that the medical institution does not have any fault.Why didn ' t the woman Yulin escape from the emergency right of the medical institution in exchange for the tragedy Li Liyun ten years ago? Why are medical institutions unwilling to apply this system? This is the author's question in this article.This article introduces the background and significance of the topic in the introduction,as well as the research status at home and abroad.In addition,it also introduces the innovation and research methods of this paper.In the first chapter,the article discusses the connotation and characteristics of emergency disposal rights of medical institutions,and the relationship between emergency disposal rights and other systems such as informed consent and autonomy.The second chapter of this article mainly introduces the current status of theimplementation of the emergency right of medical institutions in China,and discusses the current situation of the exercise of emergency disposal rights and the current status of the exercise procedures.The third chapter of the thesis mainly analyzes the predicament of the emergency disposition right of medical institutions,and discusses them from four aspects: system boundary,legal regulations,procedure setting and cost bearing.In the fourth chapter,the current situation of emergency implementation right of medical institutions and the difficulties encountered in practice are put forward.The study of the medical institution's emergency disposal right system is of great significance to both the patient and the medical institution.For patients,they can fully enjoy medical services and protect their right to life and health.For medical institutions,in addition to being able to treat every patient with one heart and one mind and achieve their own value,they can also improve the image and reputation of medical institutions and medical personnel in society.For the society,it is conducive to the establishment of a harmonious relationship between doctors and patients in the rule of law.
Keywords/Search Tags:Emergency Disposal Rights, Informed Consent Rights, Right to Life and Health, Emergency Disposal Costs
PDF Full Text Request
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