Research On The Right Of Emergency Treatment In Medical Institutions In The Absence Of Informed Consent Of Patients

In recent years,in order to avoid taking responsibility,some medical institutions usually adopt conservative treatment for patients,and allow patients to do more inspections and prescribes more.These behaviors make patients' trust in medical institutions disappear.Taking on the duty of saving lives,but for these reasons,medical institutions have become the "opposite" of patients from helping patients overcome the illness and the united front of patients.The right to informed consent is the most important right for patients.Patients have the right to choose medical treatments according to their own circumstances.However,due to contradictions between doctors and patients and the emergence of mistrust,patients have begun to actively demand this right,even appearing.The situation of over-protection of rights has caused medical institutions to be cautious when conducting diagnosis and treatment activities.With a little carelessness,the patient on the opposite side will send the medical institution to the defendant's seat.The emergence of this situation has caused medical institutions to spend a lot of time and energy on some diagnosis and treatment,such as cases and informed consent,instead of focusing on the diagnosis and treatment activities such as treating patients and studying the condition.It can be seen that although China has provided the emergency treatment right of medical institutions,due to vague concepts and rigorous procedures.When the rights of affected patients collide,the law does not give clear guidelines,and medical institutions do not know what to do.Therefore,in practice,they do not want the defendant to go to court.Give way to the rights of the affected party so that it violates the original intention of the legislator to establish Article 56 of the Tort Liability Law.In the Tort Liability of the Civil Code,there have been no changes to the emergency treatment power of medical institutions.The procedures for emergency treatment power of medical institutions are not strict,and the concepts are still vague.presence.Therefore,in this article,the author first selected two representative cases concerning the right to emergency treatment of medical institutions in the absence of informed consent to explain the focus of the case dispute and the thinking it caused.This leads to the contradictions and conflicts betweenthe patient's right to informed consent and the right to emergency treatment,mainly from the conflict between the patient's right to consent and the medical institution's emergency treatment right,and between the patient's informed consent and the medical institution's emergency treatment right To discuss the relationship between the identity of the patient and the conflict between the informed consent of the patient and the emergency treatment right.The intention is to explain that the fundamental purpose of the two is to achieve the best interests of the patient and protect the patient.Life and health rights.Finally,through analysis of the conflict between the right to informed consent of the patient and the right to emergency treatment of the medical institution,the existing loopholes in the specific system of Article 56 of the Tort Liability Law are proposed,and reasonable suggestions are proposed.The research on the emergency treatment right of medical institutions is of great important to medical institutions,which is conducive to promoting the harmonious development of the relationship between doctors and patients.