论紧急医疗措施权合理行使的规制路径

Research on the regulation path of rational exercise of emergent medical right

患者在生命垂危等紧急情况下需及时接受手术或其他特殊治疗措施,医疗机构却时常面临无法取得患者或其家属同意的困境。为了保障生命健康这一基本人权,法律予医方行使紧急医疗措施的权利,这在一定程度上有利于缓和紧张的医患关系。但在医疗实践中,紧急医疗措施权的行使界限并不清晰,存在着积极性、消极性、策略性行为失控等问题,需要通过精准认知紧急医疗措施权本质与应用场景、预设应急体系、建立权利常态化反馈机制等手段进行合理规制。

When patients are facing life-threatening emergency circumstances,they are badly in need of receiving surgery or other specific treatment,while medical institutions are often unable to obtain the consent from patients or their family members.In order to protect the basic human right of life and health,the laws empower medical institutions to exercise the right of emergency medical treatment,which is conducive to ease the tension between medical institutions and patients to some extent.However,in medical practice,the limits of exercising the emergency medical right are unclear,and there are some problems,such as exercising the right over actively or indolently,and the failure of communication strategy.It is necessary to take reasonable regulation by means of accurately recognizing the nature and application scenarios of emergency medical treatment,setting up emergency response system and establishing the normalized feedback mechanism of rights.