Research On Legal Problems And Countermeasures Of Pre-hospital Emergency Medical Disputes In China

As the first stage of the first aid process,pre-hospital emergency medical treatment is the starting link of emergency medicine,which has the characteristics of urgency of treatment,randomness of seeing a doctor,unpredictability of medical environment,limited treatment conditions and high risk of rescue.With the continuous development of economic,social and medical and health undertakings,people's demand for pre-hospital first aid medical treatment level is constantly improving,and its medical risk is also higher than that of general medical activities.All stages of pre-hospital first aid medical service are prone to cause medical disputes.Through the comprehensive investigation of the present situation,characteristics and related medical disputes of pre-hospital emergency medical treatment,this paper focuses on the main legal problems and puts forward some countermeasures and suggestions.The first part introduces the summary of pre-hospital first aid medical treatment,including four pre-hospital first aid medical models(independent,command type,subsidiary type,comprehensive type)and urgency,randomness,medical environment unpredictable,treatment conditions limited,high-risk pre-hospital first aid characteristics,as well as five pre-hospital first aid medical service stages(communication,driving,on-site first aid,transit maintenance,handover),and the relevant pre-hospital first aid legislation;The second part of the author of pre-hospital first aid medical disputes on the basis of sorting out the pre-hospital first aid medical disputes related cases,from the stage of medical disputes,the type of cases,medical disputes litigation subject,burden of proof,invoking laws and regulations and other aspects of statistical analysis;The third part focuses on the legal problems in the pre-hospital emergency medical disputes,mainly puts forward: the pre-hospital emergency medical legal subject,the proof of first aid behavior,the identification of civil liability,the application of the law and the prevention and control of legal risks;The fourth part puts forward the concrete countermeasures and suggestions on defining the legal subject accurately,strengthening the institutionalization of pre-hospital first aid evidence,improving the recognition level of pre-hospital first aid civil liability,promoting the formulation and implementation of pre-hospital first aid medical legal norms and strengthening the prevention and control of pre-hospital first aid risk.Finally,based on the value analysis,this paper puts forward that while safeguarding the legitimate rights and interests of patients,we should also protect the legitimate interests of pre-hospital first aid medical institutions,and balance the rights and interests of pre-hospital first aid doctors and patients within the framework of law,so as to promote the healthy development of pre-hospital first aid medical care in China.