论紧急诊疗行为的法律定性和法律责任.pdfVIP

Abstract In recent years, the number of medical disputes rising in our country, has become a hot social concern, among them, involving the doctor emergency diagnosis and treatment behavior occupies a considerable proportion of the dispute. In patients with an emergency, I cant make conscious decisions, and patients families cant or cant make rational decisions on its behalf, medical institutions and doctors in the case of no patients and their families agree whether emergency diagnosis and treatment behavior become the focus of the dispute. The core of the problem is the decision and diagnosis and treatment of emergency patients family members of the agency conflict. Furthermore,it also refers to the legal nature of emergency treatment, whether it is the right or the duty of a doctor, and the theory is different. So far, the majority of the rights. But the doctors emergency diagnosis and treatment behavior as the doctors rights, and rights can be discarded or not as, it is with the legal provisions of the doctor in case of an emergency first aid duty does not meet; Secondly, according to the corresponding relationship of rights and obligations, the doctor emergency diagnosis and treatment of behavior as a right and patients right to know, consent and the decision is not corresponding; Finally, it is easy to abuse the right of the doctors by using the doctors emergency behavior as a right to strengthen the rights of the doctors. And the doctors emergency behavior, which looks more like a doctors duty, seems to be more likely to bring the doctor to life. But it undermines the physicians discretion in the course of the practice. The author thinks that,