Legal Risk Analysis and Countermeasures of Medical Institutions Exercising Emergency Rescue Right:
- VernacularTitle:医疗机构行使紧急救治权的法律风险分析及对策
- Author:
Jiamin FENG
1
;
Bo GONG
Author Information
1. 广州医科大学卫生法治与政策研究中心 广东 广州 511436
- Keywords:
medical institutions;
the right of emergency treatment;
medical personnel;
the right of informed consent
- From:
Chinese Hospital Management
2024;44(6):83-86
- CountryChina
- Language:Chinese
-
Abstract:
Article 1220 of the Civil Code of the People's Republic of China is specifically formulated for medical in-stitutions and medical personnel to rescue patients with life-threatening conditions,aiming to adjust the contradic-tion between the right of emergency rescue in medical institutions and the right of informed consent of patients.In view of the lack of relevant laws and regulations,poor organizational structure and loopholes in the system,medical institutions may have certain risks when implementing emergency treatment.After sorting out and examining the rele-vant provisions of the current law on emergency treatment in medical institutions,it is found that it is necessary to optimize the relevant legal provisions and judicial interpretations,establish and improve the case evaluation system with ethics committee as the core,improve the medical assistance fund and insurance system,and avoid the dilem-ma of"feeling and reason"for medical personnel.