Research On The Conflict Between The Patient’s Right To Make Independent Decisions And The Right To Consent Of Close Relatives And Countermeasures

Patients’ diagnosis and treatment decisions must be made by themselves.He should have absolute power in choosing medical services.However,in many medical cases and medical disputes,the decisions of close relatives are often adopted by medical personnel,and their opinions are reflected in all aspects of the diagnosis and treatment process.The biggest root cause of the tragedy of "Yulin pregnant woman jumping off a building" is that the pregnant woman can’t control the patient’s independent choice.The pregnant woman is at a time when she is facing great difficulties.At this time,her life is facing great threat,but she can’t decide the mode of production by herself.As a person with full civil capacity,the patient has the right to choose matters related to the patient’s health and safety.The patient’s right of independent decision-making is a manifestation of the basic rights of citizens,including informed consent,informed choice and the responsibility of patients.Especially in the diagnosis and treatment activities,the interests generated by the patient’s right of independent decision-making can not be replaced by other interests.The sources of family members’ right of agency consent can be divided into three aspects: family members’ right of agency consent as guardians,family members’ right of agency consent as trustees authorized by patients,and family members’ right of agency consent as special provisions of law.However,the patient’s right of self-determination has not received due attention in China,and the existing laws and regulations still can not deal with the conflict between the patient’s right of self-determination and the patient’s near relative’s right of agency consent.The proxy consent discussed in this paper mainly comes from the patient’s autonomy.Therefore,the main purpose of this paper is to explore the essential reasons for the conflict between patients’ independent decision-making power and close relatives’ agency power,and provide corresponding countermeasures and suggestions.This paper is mainly divided into four parts.Firstly,three typical cases or cases are selected to compare and analyze the results and answer the legal questions;Secondly,it expounds the concept,nature and exercise methods of patients’ independent decision-making right and close relatives’ proxy consent right;Thirdly,it analyzes the reasons for the conflict between the patient’s right of independent decision-making and the right of agency and consent of close relatives.Finally,according to the analysis of the connotation of China’s relevant legal systems and the summary of practical problems,this paper puts forward some suggestions to reduce the diagnosis and treatment accidents caused by the conflict between the patient’s independent decision-making right and the agency consent right of close relatives...