从手术签字审视医疗活动中道德与法律之冲突

From Operation Signature Surveying The Conflict between Morality and Law in Medical Activity

手术签字不应成为实施手术的必要条件,手术治疗及其他医疗活动中道德与法律之冲突有其产生的理论和现实根源,其实质是利益冲突。合情不合法与合法不合情是道德与法律冲突的两种具体情形。单纯的道德谴责或责任追究无助于冲突的解决,完善法律、提升道德、调适利益是避免及减少冲突的有效途径。

Operation signature shouldn＇t be a necessary condition. There are theory and realism springs of that morality is in conflict with law din operation treatment and other medical activity, its essential is benefit conflict. What fair and reasonable but wrongful and legality but unreasonable are two incorporates that morality conflict with law. Simplex morality condemn or obligation run is disadvantage to solve the conflict. The effective approach to avoid and reduce conflict is to perfect law, advance moral and adjust benefit.