医院强行剖宫救治垂危产妇的法理思考

The legal principle of compelled to undergo Caesarian to save pregnancy women

广州"产妇拒绝签字,医生强行剖宫产"事件中,孕妇因为医学专业知识的缺乏导致对本身病变的认知障碍,继而做出错误的拒绝手术的决定。基于重大误解的非真实意思表示的知情同意不是有效的民事法律行为,可以认为自始无效的知情同意。基于医院的紧急救治义务,对该类孕妇的紧急手术处置,对于保障病人安全和建立和谐医患关系具有重要意义。

A women has been compelled to undergo Caesarian deliveries in circumstances where there was a high risk of death both to the child and the mother from a natural birth in Guangzhou in 2010/12/3.The women has made an error decision to refuse undergoing Caesarian because of deficiency medical knowledge and not understanding the serious risk for her disease.The informed consent based on seriously misunderstanding the contents of the acts is not a civil juristic act and shall be null and void from the very beginning.The refusal Caesarian women been compelled to undergo Caesarian deliveries in circumstances where there was a high risk of death both to the child and the mother from a natural birth is good at protecting patients safety and building harmonious patient-doctor relationship.