An Empirical Study On The Doctor's Right Ofindependent Diagnosis And Treatment

In recent years,the disputes between doctors and patients in China have increased,injuries have occurred frequently,the doctor-patient relationship tends to be tense,and the distrust and disharmony between doctors and patients are becoming more and more serious.The contradictions and conflicts of doctor-patient conflicts,mostly originated from the rights of both parties,and the awareness of their own rights and the vague definition,its essence is the contradiction and conflict between the decision of informed choice of independent clinical right and the patients of the hospital.The purpose of this paper is to study a related medical dispute,the doctor behind the independent clinical right and informed consent right conflict between research and analysis,and puts forward countermeasures to avoid conflicts,the two rights reasonable arrangements for the treatment of the whole process,to minimize conflict prevention the potential disputes or disputes,to help build a harmonious doctor-patient relationship.The actual operation situation through specific case studies of traditional Chinese medicine diagnosis and treatment of students of independent rights,through comparison and analysis,further clarify the connotation and boundary of the right,puts forward countermeasures to resolve the contradiction between doctors and patients,from a legal point of view,provide constructive suggestions for the prevention of medical disputes.In this paper,the right of independent diagnosis and treatment of doctors is expounded and analyzed,and the legal system of doctors' right of independent diagnosis and treatment at home and abroad is studied and compared.On this basis,the cross and conflict of rights between doctors and patients are analyzed and analyzed.The doctor's right of independent diagnosis and treatment is based on the professionalism and uniqueness of medical practice.Doctors have the right of independent decision in terms of treatment plan,diagnosis and treatment methods,and the use of rescue measures.Of course,the right is in the doctor patient in the starting point,strictly fulfill the relevant procedures after exercise,not without restrictions,no constraint rights.The law of medical practitioners in China has clearly defined the methods,procedures and requirements for doctors to use the right of independent diagnosis and treatment.The medical practising activities has the particularity of high professional level,very few patients of professional knowledge,lack of professional judgment ability of medical risk,so doctors professional judgment ability is not equal,it requires doctors in the exercise of independent treatment when needed in the patient's condition,treatment,examination,treatment measures and prognosis of medical information to fully fulfill the obligation,and fully guarantee the patients' informed consent right.However,in the practice process,because of too much emphasis on the protection of patients' informed consent right to choose,and meet the eye everywhere of medical dispute,such as the "Li Liyun incident caused a great disturbance in pregnant women","Shaanxi Yulin" women jumping event "is undoubtedly the two most typical cases of conflict of rights.At present,China's law emphasizes more on protecting the right of informed consent of patients,and sets a lot of restrictions on doctors' medical behavior,which is not enough to protect doctors' right of independent diagnosis and treatment under the emergency.In the doctor's daily diagnosis and treatment process,due to the professionalIn the specific diagnosis and treatment activities,both doctors and patients are subject to professional understanding of different restrictions.Although doctors from patients' best interests of decisions,often do not have access to the patient's understanding,resulting in contradictions and conflicts.As the current legislation lags behind,China's relevant legal system lacks operational provisions,but more emphasis on the protection of suffering from Fang Quanli,thus exacerbating the contradiction and conflict of the two rights,leading to the growth of medical institutions in the current conservative and defensive medical behavior.The doctor is independent clinical right too many restrictions,to the greatest degree of doctor from a professional perspective and consider the most suitable treatment decisions for patients to eventually lead to the right to life and health of patients with damage.Of course,due to the particularity of professional knowledge,the doctor is in the dominant position in the whole doctor-patient relationship,and the right of independent diagnosis and treatment is also misused or even abused.How to scientifically use the right of independent diagnosis and treatment,and better protect the right of informed consent of patients,so that the two coordinated and unified to protect the interests of patients on the common purpose.At the same time,two kinds of rights are not abused,which is a problem that needs to be perfected.This paper focuses on the legislative purpose of the two rights,analyzes the contradictions and conflicts in the practice of combining foreign typical case and related cases,the actual situation as well as clinical activities,the exercise of the rights of the two daily practice under discussion and make constructive suggestions,and put forward some proposals for future legislation and judicial practice.