紧急情况下医疗行为的正当性研究

Study on the Legitimacy of the Emergency Medical Behavior

紧急情况下医疗行为引发的医疗纠纷日益增加,引起了医疗界、法学界及社会舆论的广泛关注。从紧急情况下医疗行为的特征切入,具体分析紧急情况下医疗行为应当坚持的基本原则、推定同意、约束条件,并针对我国相关法律规定,提出完善相关制度和机制保障的建议。

The increasing medical disputes caused by the emergency medical behaviors have attracted widespread attention in the medical and legal communities as well as the public. This article starts form the characteristics of the medical behaviors under emergency situations, detailed analysis the basic principles that should be adhered to, presumed consent and the constraint conditions of the emergency medical behaviors. And for oar relevant laws and regulations, the article makes a proposal to refine the related systems and safeguard mechanism.