The Problems And Countermeasures Of The Law Application Of Patients' Decision-making Right In China

Today's society pays more and more attention to various legal rights,and the decision-making power of patients has gradually attracted widespread attention in China.Based on the typical cases of patients' decision-making power in China in recent years,this paper points out the problems existing in the application of patients' autonomy in the application of these typical cases and puts forward corresponding perfect principles and countermeasures.The patient's discretion is the right of the patient to determine autonomously about the specific personality factors of life,body,health,etc.It is a relatively independent and abstract personality right.There are mainly the following problems in the application of the law for the discretion of patients in China: First,there is controversy in the scope of “the patient should not explain to the patient” in the law application of the patient's discretion.If the scope is not clear,the patient's discretion may be violated.Secondly,there is a conflict between the patient's discretion and the doctor's decision-making power.With the change of the diagnosis and treatment mode,although the patient's awareness of autonomy has been significantly improved,some physicians have adopted conservative or even negative treatment for fear of taking responsibility.In addition,the patient's discretion violates the “alternative decision” of his close relatives,because in some cases the patient's own medical benefits and the medical benefits represented by his close relatives are not exactly the same.In view of the problems existing in the application of patients' autonomy in the application of laws in China,this paper discusses in detail the principles and recommendations for improvement.Studying the problems that patients' decision-making power has in the application of laws in China and discussing the countermeasures to solve these problems,not only is conducive to the study of the legal issues related to the decision-making power of patients in China,but also helps to solve the problem of self-determination of patients in China.The problem is to provide a reference for alleviating the tension between doctors and patients in China and solving frequent medical disputes.