Study On The Emergency Treatment System In Medical Institutions

The patient’s consciousness of rights is gradually awakening.The contradiction between the right of informed consent and the right of discretion is gradually exposed.It is getting sharper,especially in the emergency treatment.As early as 2007,the case of Xiao Zhijun who refused the emergency treatment on his wife raised the question of how patients and their relatives exercise their rights when the medical side performs the obligation of emergency treatment.Until the era of "civil code",the legal norms of medical emergency treatment are still concentrated in the field of public law.The provisions of civil law are scattered and lack of operation.And no systematic provisions have been formed.The boundary between the rights and obligations of doctors and patients in emergency treatment is still fuzzy.This paper started from the concept of doctor-patient interest balance and explored the shortcomings of the legal regulation of doctor-patient relationship in emergency treatment through typical cases.Then we refined the legal issues related to emergency treatment in medical institutions.On the one hand,there is no clear definition of emergency treatment at the legal level.On the other hand,the current law does not set a boundary for the exercise of rights,which leads to the abuse of rights of patients and stakeholders.Doctors often deviate from the requirements of professional ethics because they focus on the avoidance of their own risks.For the definition of emergency,this paper draws on the laws of Japan,Germany and other countries,brings the health threat into the emergency,and investigates the emergency degree by combining medical practice;It further clarifies the doctor to fulfill the legal obligation of the minimum emergency treatment.The practice of the informed consent rules in emergency treatment should give priority to the exercise of informed consent.The exercise of rights by interested persons should be restricted.The effectiveness of patients should consider the identification ability,public order and good customs,constructive patient consent,patient benefit maximization and other concepts.In the decision effectiveness of the patient party,judgment should be made based on the theory of constructive consent;When the patient cannot exercise the right of informed consent,invalid decisions should be included in the scope that cannot be obtained subjectively.At the same time,we should optimize the agency system of medical institutions.In emergency treatment,The medical notification obligation should be distinguished from non-emergency situations.The standard and scope of notification should be based on the degree of urgency and the degree of the exercise of informed consent.The contractual relationship shall be considered in the performance of the notification obligation.The medical responsibility of emergency treatment should distinguish the violation of legal obligations from the violation of contractual obligations.Incorporate the medical responsibility based on contract into the legal system of emergency treatment can make the exercise of patients’ independent rights in line with the principle of autonomy and balance the distribution of rights and obligations between doctors and patients.