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Legal nature of the study of behavior of medical treatment contrary to the wishes of the risk of side

Author: YangFan
Tutor: LiuZuo
School: China University of Political Science
Course: Legal
Keywords: Suffering from side will Their own discretion Abuse of rights
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


Contrary to the wishes of the Patients in the medical treatment in practice, is no stranger. 2007 , Xiao Zhijun case , the issue has officially entered the public's perspective . In case of emergency , when patients suffering from the side due to high medical costs , medical side does not trust a variety of reasons to refuse the medical side of treatment programs at this time whether to take medical measures directly related to the safety of life or significant health interests. However, our legislation on this issue is still in a blank state , even the theoretical circles did not form a unified view on this issue . From two typical cases , this paper details the reasons for suffering from side to refuse treatment , the status quo of practice to summarize the existing theoretical perspectives summarized in the Discrimination of the specific circumstances on the basis of analysis of the legal nature of the medical side of medical treatment . This article consists of three parts. The first part of two typical events start in 2007 , Xiao Zhijun case and Guangzhou Overseas Chinese Hospital in 2010 forced the event of cesarean section for pregnant women to further analyze the reason of suffering from side refused to accept the doctors to develop treatment programs , and the resulting lead to the practical handling difficulties. A comprehensive overview of medical treatment contrary to the wishes of the risk of side . How to define the legal nature of medical treatment contrary to the risk of side wishes , scholars have proposed a variety of theoretical perspectives . In the second part will be listed in detail the main theoretical view that compulsory medical theory , the emergency theory , the doctor's treatment of privileged theory, mandatory contracting theory , as well as medical emergency treatment of the theory of power . By these theories are summarized, and demonstrated its ability to apply against the wishes of patients with a variety of situations . The third part of decision theory by introducing patients , detailed analysis taken in different circumstances contrary to the wishes of the Patients in the legal nature of the medical treatment . On this basis , the distinction between the specific circumstances discussed how to dispose of when the behavior of the medical aspects of suffering from side to refuse treatment should be , and shall follow the procedures . Finally, the status quo of the current legislative gaps , practical advice .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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