The dilemma，conflict，and solution of patients’ right of self-determination in medical decision-making
10.12026/j.issn.1001-8565.2024.03.01
- VernacularTitle:医疗决策中患者自主决定权的困境、冲突与破解
- Author:
Junjun LIU
1
;
Zenghui HUO
1
Author Information
1. School of Humanities，Beijing University of Chinese Medicine，Beijing 102400， China
- Publication Type:Journal Article
- Keywords:
patients’right of self-determination;
medical decision-making;
conflict of rights
- From:
Chinese Medical Ethics
2024;37(3):253-260
- CountryChina
- Language:Chinese
-
Abstract:
Currently，there are still obstacles for patients’ right of self-determination in medical decision-making. By sorting out its historical origins，this paper found that the reasons for the current situation mainly include the influence of familial culture and medical paternalism，as well as the constraints of the behavioral capacity system and the guardianship systems. In this context，this paper criticized the view that “the key to enjoying decision-making power is rationality”，and called for a return to the concept of patient autonomy，so as to achieve a balance between agency decision-making power of others and the special intervention rights of doctors. The legal system for resolving conflicts can be constructed by replacing behavioral capacity with medical decision-making ability，requiring the evaluation of medical decision-making ability based on actual conditions，establishing a pre-medical instruction system，and clarifying the boundaries of medical special intervention rights.
