Research Of Civil Law Protection Of The Best Interest Of Patients In Medical Decision

The process of informed consent in medical activities can be broken down into two aspects.One is that the doctor informs the patients about medical conditions,medical pre-examination and treatment plans,and the other is that the patients and their family members make medical decisions after receiving the information.The process and result of medical decision should always protect the best interests of patients as the core purpose,placing the dignity of patients and their right to life and health in equal importance.The civil law protection of the best interests of patients is to presume that in order to protect their autonomy of informed consent,patients are the determinants of their own best interests,supplied by close relatives of patients acting as agents of medical decisions,and doctors acting as “goalkeepers” of medical decisions based on their duty of loyalty as the bottom line.To judge what is defined as patients’ best interest,one should not only measure “medical best interests”and the “extended best interests”,but also consider the patients’ objective situation,diagnosis and treatment behavior,and the patient’s own subjective,which is seen as a comprehensive consideration of benefit,cost and its risk.However,in a specific medical decision-making situation,it is impossible to pre-determine the patient’s best interests in advance,for the reason that the judgment of “best” is very subjective,resulting in different judgments between different subjects,which makes the medical decisions difficult.Examine the protection laws of the best interests of existing patients and the problems in their operation.The informed consent only pursues the legality of the procedure,the subject of rights for medical decisions is scattered,the identification of patients’ medical decisionmaking ability is narrow,the applicable conditions of protective medicine are vague,and the power of agency of close relatives lacks the necessary restrictions.Therefore,the medical decision and its agency system should be improved to implement the protection of the best interests of patients in the medical decision system.In terms of autonomous medical autonomous decision system,first,one should re-understand the status of “autonomy” in medical decisions,and take the best interests of patients as the institutional basis for medical decisions.Second,clarify the order of judgment of the best interests of patients,to protect the right of patients to sign informed consent when they are capable of deleting the requirement of “family or related persons” in law.Third,the law should be lessen on current regulation of medical decision ability restricted by both civil capacity and identification ability,turning to set latter one as standard.In terms of medical consent and surrogate decision system,the doctor’s protective medical treatment should only be carried out when there is a real and significant danger,and the situation of “unsuitable description” should be interpreted in a limited way.At the same time,it should be affirmed that the discretion of doctors can limit the abuse of agency power.When there is a dispute between the doctor and the patient,it can be decided by a neutral third party organization such as an expert meeting established by medical association.In addition,the system of advance directives can be constructed.Through the system,patients can appoint agents or treatment plans in advance when they have,realizing the best interests protection of patients after losing their independent decision-making ability.