Research On Legal Issues Of Medical Intervention Right By Practitioners

The medical intervention right of medical practitioners,as the immunity that doctors can use under certain circumstances,has been scattered in several laws of our country.Among them,the Tort liability Law and the Civil Code of the people’s Republic of China have two most important provisions on the right of medical intervention.From the promulgation of China’s Tort liability Law in 2010 to the implementation of the Civil Code in January 2021,the development and change of the research on the right of medical intervention has gone through 10 years.During this period,the number of cases concerning the right of medical intervention has increased from one or two cases per year to hundreds of cases per year.Under the background of the prosperity of personality right,the right to know,the right to consent and the right to freedom of patients as patients’ personality rights have been paid more and more attention by patients.Based on the above background,this paper first selects the cases about the right of medical intervention in the past 10 years to sort out the statistics,and according to the types of cases and Professor Zhang Zanning’s general classification of the right of medical intervention,Medical intervention right is divided into medical intervention right and medical intervention right.Then by selecting some classic cases and comparing the provisions of the Civil Code and the Tort liability Law on the right of medical intervention,the new law is used to analyze the old cases and the old law to analyze the old cases,and it is found that after the supplementary amendment of the Civil Code,there are still some problems of lack of procedure and imperfect legal basis.If in the implementation of emergency treatment,patients or family members refuse treatment how to deal with? When the patient can not make the expression of will,can the family member’s medical decision deviate from the patient’s life and health interests,limit the patient’s family member’s right? In the interference with the patient’s right to know,it is not clear which are the cases of "unsuitable" or "unable to" inform the law,which leads to the adverse consequences of concealing or informing the patient’s condition in practice.The court mostly ruled that the doctor had lost the case.At the same time,the legislation of medical intervention power lacks procedural constraints and does not meet the needs of our country.Finally,combining with the relevant experience of foreign countries on the right of medical intervention,this paper thinks that we should perfect the right of medical intervention in our country from the aspects of clarifying the right of medical intervention of doctors and refining the legal provisions of our country’s medical intervention right.In order to solve some problems encountered in the exercise of medical intervention right.