On The Improvement Of The Emergency Treatment System In My Country's Medical Institutions

The case of Xiao Zhijun's refusing signing in 2007 aroused the public's awareness of a problem:when a patient is seriously ill,whether or not medical institutions have the right to provide emergency treatment without his or his close relative's consent.Afterwards,the Tort Liability Law was officially implemented in2009,making a stipulation in this regard:facing emergencies like rescuing a dying patient but unable to get the consent from the patient or his close relatives,medical institutions,approved by their director or authorized director,have the right to offer emergency treatment immediately.However,it failed to avoid such incidents.For instance,on August 31^st,2017,a puerpera jumped from a building in Yulin Shanxi.The puerperal herself already made it clear that she wanted caesarean,but the doctors insisted not until her close relatives signed the informed consent could she have this operation.To heal the wounded and rescue the dying was supposed to be doctors'duty,whereas they begin to be overcautious about treatment.The stipulations on the right of emergency treatment has turned out to be a mere scrap of paper in practice.Medical institutions still give top priority to procedures in face of emergencies.Moreover,the involved doctors argue they were out of respecting her informed consent right,shirking any responsibility for this tragedy.Then,why the stipulation of emergency treatment in Tort Liability Law,lessons from the Xiao Zhijun case,didn't save the puerpera's life?Why do medical institutions are reluctant to use the instituttion?How to perfect this institution and to prevent this kind of incidents happening again?These are the major problems this thesis discusses.The first chapter introduces the concept of the emergency treatment right,including the ones defined by Germany and Japan,and its features.The second chapter introduce the right of informed consent,as an opposite concept,and its relationship with the emergency treatment right are also discussed.The second chapter analyzes the realistic difficulties of emergency treatment when medical establishment applies it.The fourth chapter,based on the former chapters,puts forward measures to improve China's mechanism of the emergency treatment.Researches on the emergency treatment right of medical institutions are of great importance.First,they're conductive to protecting patients'life and health.Besides,they help to reduce doctors'scruples so that they can save patients wholeheartedly.Meanwhile,patients'impressions on doctors can be improved,especially when doctor-patient relationship is rather tense.Doctors'social status can also be raised.