Research On Medical Rights Protection For Patients With Non-voluntary Hospitalized Mental Disorders

For a long time,there are many problems in the protection of medical rights of involuntary inpatients with mental disorders in legislation and practice in our country.The occurrence of a series of incidents against the interests of patients with mental disorders makes us unable to ignore the seriousness of these problems.We have to reflect and discuss the protection of the rights of this special group in order to find a solution and protect their legitimate rights and interests.In the study of the legal rights protection of involuntary inpatients with mental disorders,it is necessary to balance the conflict between patients' medical autonomy and their own health rights and social public interests.Medical treatment is a process that includes multiple stages of admission diagnosis,treatment,care,rehabilitation,and discharge.Specifically,in the admission stage of involuntary inpatients with mental disorders,there are problems of improper diagnosis and treatment,which involve the subjectivity and abuse of the diagnosis of mental disorders,the imperfect diagnostic criteria of involuntary hospitalization,and the unqualified decision-makers of involuntary hospitalization.In the treatment stage,there are many problems,such as the exercise of patients' right to informed consent,the acquisition of the right to proper treatment,and the realization of the right to refuse treatment.At the discharge stage,there are problems of abuse of guardianship and long-term detention of patients in hospitals,resulting in the dilemma of "discharging from hospital".All of the above problems have damaged the medical rights of patients with involuntary hospitalized mental disorders from different aspects.Therefore,based on China's basic national conditions and development status,and drawing on reasonable experience outside the domain,we must take measures to solve it.The patient's medical autonomy should be respected and the principle of minimum restriction should be followed;the patient's right of advance indication should be established to prevent the abuse of the custody of close relatives;increase the “therapeutic” element as a non-voluntary inpatient diagnostic criteria to achieve the fundamental purpose of treating mental disorders;establish judicial review or independent thirdparty review system for involuntary hospitalization to ensure fairness and procedural justice;improve mental health services,regulate medical staff treatment and care behavior;develop community rehabilitation treatment,and build a multi-party cooperation rights protection system.Figure 0;Table 0;Reference 47...