非脑死亡患者399例放弃治疗后死亡伦理与法律思考

The Patients with Non-Brain-Death Die after Giving up Treatment:Ethical and Legal Reflection

目的总结399例非脑死亡患者在住院期间放弃治疗后死亡的事例，分析放弃治疗的原因、放弃治疗涉及医学、伦理、法律和社会保障等问题。方法重审我院2007—2008年死亡的病历，将放弃治疗后死亡的病历分类分析统计。结论病情恶化、病程不可逆转是放弃治疗的主要原因。医生应该尽告知义务．要尊重患者生命权、健康权、知情权、选择权、决定权和隐私权。医生没有放弃治疗的权利。患者和家属应该签署“放弃治疗”的医学文书，以示对“放弃”负责和承担相关后果。在法律的基础上，弘扬我国社会和谐，人文道德，医学伦理。

Objective：To sum up 399 eases of patients with non - brain - death who died after giving up treatment, the authors analyze the reasons of their giving up treatment. Methods： Medical data were gathered from the deaths of in - patients hospitalized during the year 2007 - 2008 in Wuhan Central Hospital. Result： Turns for the worse and the malignant nature of diseases are the main reasons for giving up treatment. Doctors have no right to give up treatment for any patient. At present, the law does not support doctors to give up the treatment in China. The doctors should inform patients and their familes of the illness state. The patients and their familes have the right of ＂ knowing,electing and deciding＂ during the examination and treating process. In ease of giving up treatment, an informed form must be sigined by the patients and/or their families, and take corresponing responsibility for their choice of giving up treatment. Based on legislations, medical staff should develop the idea of social harmony, morality, and medical ethics in our country.