试用紧急避险制度解决医疗行为中的权利冲突——从“丈夫拒签致孕妻死案”说起

Try to Use the Necessity System to Resolve the Right Conflicts in Medical Treatment

因丈夫拒绝在手术同意书上签字,而导致其孕妻不能及时接受剖宫产手术而与腹中胎儿双双死亡的案件,一时间沸沸扬扬、众说纷纭。该案中,医疗机构似乎陷入了守法与救死扶伤的两难境地。对本案中存在的患者及其家属的知情同意权与患者生命健康权的冲突问题,现行法律并非不能解决。运用紧急避险制度,可以使医院在单方面施行手术积极挽救患者生命的同时免于承担侵犯患者及其家属知情同意权的法律责任。

A pregnant wife was not able to accept operation in time and she died with embryo in her abdomen because her husband refused to sign on a written operation agreement.The opinions towards this case were widely divided.It seemed that medical institution fell into a dilemma between observing the law and healing the wounded and rescuing the dying.However,the author thinks that the current law can resolve right conflicts between patient＇s right of informed consent and right of life and health with necessity system.