Research On The Right Of Licensed Doctors' Medical Treatment

Medical profession is a social industry that directly related to human's health and vitality.The scientific nature and seriousness of medical behavior determine the professional authority and autonomy of doctors.As a basic right of doctors,medical treatment right has a long history,and has been constantly improved with the emergence and the progress of medical science.However,with the transformation of society,the distrust between doctors and patients is strengthened,and patients even stand on the opposite side of doctors.Patients began to demand the realization of their rights,and there has even been a phenomenon of excessive rights protection.Although in China the laws stipulate the exercising rights conditions for medical treatment,the boundary of rights and obligations is unclear and vague.Practically,practitioners can not accurately grasp the conditions of the medical treatment,thus improper or delayed medical disposition occurred.The patients considered that the doctors have not been able to relieve their pain timely,and have increased their burden at the same time,thus leading to unnecessary medical disputes,"medical disturbances",even violently injury and killing of doctors occurred.Various social phenomena make us can not help to ponder which exercising way of practitioner's medical disposition can avoid aggravating the contradiction between doctors and patients,and also to help patients to eliminate the disease,to protect the life and health of patients.The first part of the article discusses the evolution of the right of medical treatment.Since ancient times,the content of medical treatment right has changed gradually with the development of society,and its right attribute has changed from absolute right to restricted right.The second part of the article analyzes the theoretical basis of medical disposition,and makes clear the basic viewpoints of the medical paternalism and the medical liberalism as well as their respective shortcomings.The rational paternalism has certain advantages in easing the contradiction between doctors and patients and balancing the rights and obligations between doctors and patients.The third part mainly discusses the setting of medical treatment and summarizes the content medical treatment right in China.The fourth part summarizes the problems in the medical disposition exertion,including medical disputes caused by improper exercise of the right of medical treatment,and difficulties in the exercise of the right of medical treatment under emergency situations,leading to doctors' delayed exertion of the right of medical treatment.The fifth part focuses on the normative exertion of medical disposition,and puts forward suggestions for the problems summarized in the fourth part to ensure the legal exertion of medical disposition and to ease the doctor-patient relationship.The study of the right of medical treatment is of great significance to both patients and doctors.On the one hand,patients can get more standardized medical services to protect their life and health;On the other hand,it can encourage doctors to actively and correctly exercise their rights and dare to exercise their rights.It is beneficial to prevent unnecessary medical disputes,ease doctor-patient conflicts and build harmonious doctor-patient relationship.