Improvement Of Emergency Treatment System In Tort Law

With the increased awareness of patients’ rights,excessive rights defenders are commonplace.In order to avoid potential medical disputes,doctors put a lot of energy on the signing of informed consent,but the most important concept of life-saving and healing is getting weaker and weaker..In order to protect patients’ life and health interests,the tort law established the system of emergency treatment.Although the current legislation provides the institutional basis and the basis of the right of claim for the construction of China’s emergency treatment system,there are still some shortcomings,the emergency treatment system did not play its due role in practice.Based on this,the article will discuss the system of emergency treatment in depth.The artical is divided into five chapters.The first chapter introduces the basic theory of the emergency treatment system in tort law and points out the problems existing in the system.The second chapter to the fifth chapter respectively discuss the four problems raised in the first chapter:The second chapter analyzes the problem that the scope of emergency is too narrow,and puts forward the suggestion that major health damage should be included in the scope of emergency.The major health damage here includes not only physical damage,but also mental damage.At the same time,it is pointed out that under the premise of meeting the urgency of time,the cases that meet the severity conditions of the disease before and during the diagnosis and treatment should be included in the scope of emergency.The third chapter analyzes the problem that it is difficult to unify the opinions of the patients,It is suggested that when patients lose the ability of expression of will,the scope of subjects who exercise the right of informed consent on behalf of them should be expanded,including the agents appointed voluntarily in advance when patients have full capacity of civil conduct and those who are close to each other.At the same time,it analyzes the recognition order of this kind of main opinions,and draws lessons from the relevant provisions of the guardianship system and the opinions of the people,It is suggested that when patients have full civil capacity,they should be identified according to the order of agents,spouses,non marital cohabitants(applicable when the patient has no spouse),parents and adult children,other close relatives,and other closely related persons appointed by patients voluntarily in advance.In the end of this part,the author discusses the limitation of the right of the patient to refuse treatment,and puts forward that the right of the patient to refuse treatment should be limited when the patient’s irrational refusal or refusal of treatment will infringe the legitimate interests of other parties.In addition,when other subjects exercise the right of refusal,we should also consider from the perspective of the best interests of patients,in order to avoid such subjects refusing medical treatment for improper purposes.The fourth chapter analyzes the irrationality of the approval procedure,and on the basis of using foreign laws for reference,this paper puts forward suggestions for pre hospital first aid and in hospital first aid.Pre hospital first aid should be exempt from the approval process.In the case of hospital treatment,if the patient’s opinion cannot be obtained in an emergency,it shall be approved by the department head;If the opinion of the department head cannot be obtained,it shall be jointly approved by two doctors above the attending level.The fifth chapter analyzes the problem that the reasonable diagnosis and treatment obligation is difficult to identify,discusses that the high degree of care obligation of doctors should be appropriately mitigated in emergency,and expounds the determination of the reasonable diagnosis and treatment obligation from the perspective of medical institution level,doctor level and their division.At the same time,in the special case that the doctor inputs unqualified blood to save the patient’s life,it should be recognized that the medical party should fulfill the reasonable diagnosis and treatment obligation.