Emergency Duty Of Medical Institutions

In recent years,with the steady improvement of China's economic level,people's living standards have been improved,and people are paying more and more attention to health,the number of medical services in China is increasing.Accordingly,the number of medical disputes in China is still high,and the doctor-patient relationship is still in a relatively tense state.Among them,there are not a few disputes caused by medical institutions taking emergency treatment measures to rescue critically ill patients.Especially from the case of Xiao Zhijun in 2007 to the case of Yulin maternal falling down in 2017,we are urged to think about and solve the legal and practical problems related to emergency treatment.Under special circumstances,when the patient's life is in danger and can not make an effective declaration of intention or obtain the opinions of the patient's close relatives,medical institutions and medical personnel can take emergency treatment measures to protect the patient's right to life and health.This is the core of solving the current problems related to emergency treatment,that is,the conflict and balance between patients'right to informed consent and emergency treatment.It is urgent to give clear behavior guidance to medical institutions and medical staff by law.Article 56 of the Tort Liability Law sets up the behavior mode of emergency treatment,but it does not clearly stipulate the responsibility of emergency treatment and the legal nature of emergency treatment.On December 13,2017,the Supreme People's Court issued the Interpretation of Several Questions of the Law Applicable to Hearing Disputes of Medical Damage Liability(hereinafter referred to as Interpretation)which further elaborated Article 56 of the Tort Liability Law and clearly defined emergency treatment as a statutory obligation.At present,although the law of our country regulates the emergency treatment from the aspects of behavior mode,legal liability and exemption,there are still some defects,which also lead to a series of legal problems and hinder the implementation of emergency treatment.Based on the study of the nature and characteristics of emergency treatment behavior,this paper sorted out the conditions for the implementation of emergency treatment behavior,Analyze the problems caused by the emergency treatment measures in current medical practice activities,and propose corresponding improvement paths.The first part of this paper is the basic theoretical study of emergency treatment behavior.Firstly,the connotation of emergency treatment behavior is defined in detail,and the nature of emergency treatment behavior and the main body of emergency treatment behavior are defined.It also summarizes the characteristics of emergency treatment,such as professionalism,urgency and risk,and analyses the legitimacy of emergency treatment from three aspects:ethical legitimacy,theoretical legitimacy and realistic legitimacy.Finally,it discusses the conflict and coordination between the obligation of emergency treatment in medical institutions and the right of informed consent of patients.The second part mainly introduces the relevant provisions of the current law on the obligation of emergency treatment of medical institutions,and summarizes the three prerequisites for fulfilling the obligation of emergency treatment,It also discusses the legal responsibility of fulfilling the obligation of emergency treatment.In the third part,starting from the current legal regulation of the emergency treatment system and the practical problems faced by medical institutions in fulfilling their emergency treatment obligations,the dilemma faced by medical institutions in fulfilling their emergency treatment obligations is analyzed.In the fourth part,aiming at the predicament faced by medical institutions in fulfilling the obligation of emergency treatment summarized in the previous part,the corresponding improvement paths are given according to the specific situation of our country,with a view to contributing to the improvement of the current emergency treatment system in our country.