Research On The Identification Of Civil Liability For Pre-hospital Emergency Medical Care

Since ancient times, the doctor has served the holy and sacredlife-saving mission. The profession of doctors should be admired andrespected, but now it is emerged in disputes, resulting in increasinglyembarrassment of medicine in the evolution of human civilization. Atpresent, the patient-doctor disputes, medical damage events, medicalnegligence, medical litigation have becoming the focus of the attention ofthe whole society and world.The pre-hospital emergency medical care as one kind of emergencymedical has attracted much attention recently due to its characteristics intime. The pre-hospital emergency medical care is the windows of the healthcare industry, the quality of its technology and services directly affect thefinal results, and thus of the entire first-aid emergency services. Because ofits severe illness, tight time, poor first aid environment and conditions formedical personnel to provide first aid, the slightest mistake of medicalpersonnel will lead to disputes. Therefore, it is necessary to identify anddivide the responsibilities. The responsibility of this study was designed tomake clear the responsibility of the medical institute in the disputes. The significances of the study was embodied by the following aspects: specificfeatures: to make clear the responsibility of the medical institute in thedisputes and provide a theoretical basis for the judicial practice; to protectthe patients so that interests can be guaranteed; to promote the quickresolve of the disputes; to effectively relieve China’s severe medicalenvironment; to effectively prevent disputes development, reduce the costsof resolving disputes, promote the harmonious development of society andto provide some theoretical basis and practical references.Behaviors of pre-hospital emergency medical were enrolled as theresearch objects in the study and the civil liability was thoroughlyrecognized and analyzed by literature analysis, induction and deduction,comparative analysis and the comprehensive analysis combined with thelaw and medical knowledge. The different responsibilities of behaviors ofpre-hospital emergency medical activities in traditional Chinese medicinewere recognized from the theoretical and practical aspects and thestandards for various types of behavior were divided. In addition, if weonly discussed the superficial questions without addressing the actualproblems, the discussion is valueless, therefore, the author analyzed therelevant laws and regulations of our current pre-hospital emergencymedical activities and then proposed corresponding improvementrecommendations. In this paper, the discussion was conducted from thefollowing four parts: Part I: The general theory was discussed. The general theory ismainly divided into three layers. The first layer was mean to define theunderlying concepts and to define the concept of pre-hospital emergencymedical activity through the comparison of related concepts, for examplesimilarities and differences between the general emergency medicaltreatment and the pre-hospital emergency medical care. The contents ofsecond layer were ushered in by the definition of the underlying concepts,namely the characteristics of pre-hospital emergency medical care. Thenthe third layer, the status of the pre-hospital emergency care was brieflyintroduced. The recognition of the responsibility of medical institute in thepre-hospital emergency medical treatment was deemed to be necessary.Part II: The civil liabilities, which the traditional Chinese medicineinstitution should shoulder under different situations of pre-hospitalemergency medical activities were discussed. First, the pre-hospitalmedical phasing was decided through discussing the related views. Second,a brief analysis on the particularity of the staging was conducted. Finally,staging summary on the pre-hospital emergency medical practices wasconducted, namely the classification of different behaviors of pre-hospitalemergency medical activities of the medical institutions under differentsituations. Every type of behavior was discussed and studied was made tomake clear which responsibility should medical institution should take.Part III: The civil liability and disclaimer of the pre-hospital emergency medical care were discussed. First of all, the nature of the civilliability of the pre-hospital emergency medical care was analyzed. Then,the constituent part of the staging was discussed. Third, the main body andthe paths of assuming the responsibility of civil liabilities were explained.Finally, reasons of exempting civil liability were defined from theperspectives of encouraging technological development and protectingcommon interests of patients.Part IV: Reflect on the civil liability legislation system concerningthe pre-hospital emergency medical was made. A brief analysis on theapplicable law for the civil liability of existing pre-hospital emergencymedical care was analyzed, intending to solve disputes arising fromdifferent behaviors in the pre-hospital emergency medical activities.Advocate for the introduction of a specialized emergency medicallaw(involving the detailed regulations of the pre-hospital emergencymedical care) or pre-hospital emergency medical regulations was made inorder to clear the responsibility of the medical institution and therebyreduce the disputes in pre-hospital emergency medical activities, protectthe interests of both side maximally. The ideas and presentation of thelegal content was summarized.