Abstract:When patients are facing life-threatening emergency circumstances, they are badly in need of receiving surgery or other specific treatment, while medical institutions are often unable to obtain the consent from patients or their family members. In order to protect the basic human right of life and health, the laws empower medical institutions to exercise the right of emergency medical treatment, which is conducive to ease the tension between medical institutions and patients to some extent. However, in medical practice, the limits of exercising the emergency medical right are unclear, and there are some problems, such as exercising the right over actively or indolently, and the failure of communication strategy. It is necessary to take reasonable regulation by means of accurately recognizing the nature and application scenarios of emergency medical treatment, setting up emergency response system and establishing the normalized feedback mechanism of rights.
张汉成 吕群蓉. 论紧急医疗措施权合理行使的规制路径[J]. 中国医药导报, 2020, 17(2): 181-184.
ZHANG Hancheng LYU Qunrong. Research on the regulation path of rational exercise of emergent medical right. 中国医药导报, 2020, 17(2): 181-184.