| As the contradiction between doctors and patients intensifies,medical damages disputes frequently occur in real life.Among them,Xiao Zhi jun’s refusal to sign a surgery to cause his wife’s death,Yu lin’s maternal jumping off the building,Jinan University Affiliated Hospital’s refusal to caesarean section,and the case of pregnant women’s removal of the uterus has occurred many times.This has led to the discussion of the practice of adult patients’ medical consent rights in academic circles focus.In the process of medical services,patients have the right to expressly agree or reject the medical measures they intend to take under the premise of full knowledge.However,in Articles 55 and 56 of the Tort Liability Law,there are still many unclear areas in which the adult himself exercises the rules.These issues are as follows : the abuse of the adult patient’s medical consent rights has not been properly regulated,and the conflict between the adult patient’s medical consent right and the alternative exercise has not been resolved.The abuse of adult patients’ right to medical consent should be regulated by the doctor’s right to intervene in an emergency.When the life-related personality rights such as the patient’s right to life,body and health are in critical condition,the medical side should provide emergency treatment to the patient based on professional ethics.Medical rights,the medical side should not be liable for corresponding damages.When the adult patient’s medical consent right conflicts with another’s agent,the agent should follow the patient’s own wishes.If the patient himself falls into an unconscious state without signing a medical will,and the agent cannot know the patient’s hospital,he should make a choice in accordance with the patient’s benefit based on the principle of maximizing the patient’s benefit.If the opinions of the agents are inconsistent,the opinions of the close relatives living together shall be prioritized.Otherwise,if the adult patient does not have close relatives or the close relatives are unwilling to exercise the right of medical consent on behalf of the patient,a special patient rights management department shall be established to select relevant medical personnel,certified professionals,lawyers,patients and volunteers.Make decisions on people with mental disorders,no family,and lack of full capacity.On the other hand,in order to establish mutual trust in doctors and patients,alleviating the relationship between doctors and patients has certain significance.In recent years,due to the tension between doctors and patients,patients ’ demands for personal rights have increasingly focused on protecting their legal rights.Only by fully considering the various problems that arise out of the course of my exercise and formulating a clear solution path can we reassure the patient,dispel the concerns of the doctor,and ensure that the medical activities are carried out normally. |
