Research On The Right Of Medical Emergency Treatment

As the saying goes,the doctor has a parental heart,and it has been a very respectable profession since ancient times.With the development of modern social science,the level of medical technology has been constantly improved,but the public's evaluation of medical institutions is not as good as before.Patients' awareness of rights has gradually increased in the current process of disease diagnosis and treatment,and many of them are excessive advocates.As a result,medical institutions have become extremely cautious in diagnosis and treatment.in diagnosis and treatment.Once an accident occurs in the process of medical treatment,the medical side may be sent to the defendant with a complaint.If not handled properly,the reputation will be ruined and a huge amount of compensation may be faced.In this situation,the medical side transfers a lot of work energy to the evidence preservation in preparation for the lawsuit,and make great efforts in the writing of medical records,the signing of medical informed consents and other aspects,but failed to perform well in the most the most important course of treatment.In order to protect the legitimate rights and interests of doctors,the law sets the emergency treatment right of medical institutions.However,due to the overly general expression of this provision,there are many problems in its applicable process,especially in the event of a conflict of rights,the law lacks guidance on what rights should give way.In order to reduce unnecessary troubles,medical institutions have to give priority to the patient's request,so that the emergency treatment right of medical institutions stipulated by law has not played its due role in practice.In August of 2017,the "Yulin maternity jumping event" put the issue back in the public's eyes.In this case,the medical institution always stressed that its approach was to respect the patient's opinions,and provided the informed consent signed by the patient's family as evidence.In the "pregnant Li Liyun incident" in 2007,the medical side took the same approach and the same rhetoric,ten years later,the same tragedy happened again.The medical emergency treatment right constructed by law still has not played a role.Based on this,this paper will conduct a systematic study on the medical emergency treatment right.In the introduction,the paper introduces the background and significance of the topic,the research status at home and abroad,the research methods used and the innovation points of the paper.The first chapter introduces the connotation and characteristics of the right of medical emergency treatment and the relationship between the right of medical emergency treatment and other related concepts.Chapter two introduces the current situation of exercising the right of medical emergency treatment in China,which is divided into two parts to discuss: making contions and exercise procedure.The third chapter analyzes the dilemma of the exercise of the right to medical emergency treatment,which is divided into four aspects: right limit,legal provisions,procedure setting and expense bearing.The fourth chapter mainly puts forward the suggestions of legislative revision and the consummation regarding themedical emergency treatment right.It is of great significance for both doctors and patients to study the right of medical emergency treatment.On the one hand,patients can enjoy better medical services and patients' life and health rights and interests can be better protected.On the other hand,it is conducive to safeguarding the legitimate rights of doctors,making them devote themselves to the work of curing and saving patients,realizing social value,thus improving the social status and public image of medical institutions,and improving the increasingly tense doctor-patient relationship.