Research On Advance Directive For Health Care

The Yulin maternal case and multiple maternal amniotic fluid embolism cases in 2017 show that when patients lose self-awareness,their wishes are difficult to be respected and protected.Therefore,how to effectively protect the medical autonomy of adult patients has become an important legal issue.At present,China is still lack of specific legal provisions to protect the medical autonomy of patients with incapacitation.The original intention of the pre medical decision system is to safeguard the patient’s medical autonomy and make arrangements for the follow-up matters in advance when they have the ability to make a meaningful decision.The legitimacy of the pre medical decision system lies in the continuous development of patients’ medical autonomy and Professor Ronald Dworkin’s complete autonomy and previous autonomy theory,which extends patients’ medical autonomy to the stage of no medical decision-making ability.The pre medical decision system originated in the United States and has been recognized to a certain extent all over the world.The legislation of the United States,Britain,Singapore and other countries or regions provides experience for the construction of the pre medical decision system in China in the future.With the increasing aging of the population and the realistic needs of the development of China’s palliative medical system,considering that the strong medical family color of the alternative decision system may damage the patient’s medical will,and the research on the pre medical decision system in China’s legal circles is also deepening,and has accumulated relevant legislative experience in the voluntary guardianship system,testamentary system and agency system,However,these systems can not well respect the independent will of patients,so China has the necessity and feasibility of establishing a pre medical decision system.China’s pre medical decision system should be consistent with the legislation of most countries or regions,including two types: directive type(pre advice before death)and agent type(medical continuous agent).In terms of the establishment elements,in the early stage of the establishment of the pre medical system in China,it must be in strict written form,signed by myself and the medical continuity agent,and attached with the exact date;The decision subject must be an adult and capable person,and there are restrictions on medical continuity agents.As far as the effective elements are concerned,the medical invalidity standard can be used to supplement the end-stage standard of disease;The medical continuity agent is slightly relaxed.It takes effect as long as the patient is unconscious or loses the ability to make medical decisions,and there is no need for the patient to be in the end of the disease and ineffective medical treatment.In terms of cancellation and cancellation,it should be stipulated that the cancellation and cancellation of advance medical decisions do not require the patient to have the ability of meaning,and adhere to the principle of simplicity as far as possible;A registration procedure should be established to ensure that advance medical decisions are known to doctors in a timely manner.Then it stipulates the rights,obligations and tort liability of the agent and attending doctor as the executor.