患者及其近亲属“拒绝”行为有效性的法理研究

A Jurisprudential Study of the Validity about the "Refusal" on the Part of Patients or Their Close Relatives

在医疗活动中,确立"知情同意"原则的本意是对患者权益最大限度的尊重与保护。然而,在实践中,发生了一些对"知情同意"原则非理性适用的事件,给患者切身利益带来损害,违背了立法的本意。从法理角度分析,无论患者或其近亲属,对医疗机构提出的合理治疗意见所作出的"拒绝"行为,当无法保证患者生命健康权益的最终实现时,这样的"拒绝"行为在法律上应是无效的。

In medical treatment,the principle of ＂informed consent＂ is intended to show respect to the patients＇right and interest and safeguard them to the maximum degree. However, it occurs in practice that some cases in which this principle was irrationally applied did some harm to patients and turned against the intension of the law. Jurisprudentially ,when the patients＂ life and health can＇t be saved and sustained, either the patients themselves or their close relatives can refuse the suitable treatment plan proposed by the medical organizations, but the refusal in such cases are generally invalid.