On the 5th floor of the inpatient department of the First Hospital of Yulin City, Shaanxi Province, a pregnant pregnant woman Ma fell from the upstairs. Reports show that the mother who wants to go to the birth center because of pain twice wants cesarean section, but the family insists on delivery. The hospital informed the family three times that they were rejected. However, the family said in a public "declaration" letter that the family said that it was not the case in the previous media reports: "Hospital notice, family members do not agree", but the husband has twice agreed to cesarean section, all failed. At present, the two sides hold the same word. In addition, after being appraised by the public security organs, he was initially excluded from the murder. (For related reports, see A10 version)
Whether family members agree to pregnant women undergoing cesarean section is the main reason for this tragedy, but further study, the imperfect regulations are the most important reason for pregnant women to jump off the building. This shows that China's right to informed consent has certain shortcomings, and has been exposed in many incidents in the past. For example, the daughter-in-law is dystocia, the in-laws are not willing to sign for cesarean section, although the child is saved, but the maternal uterus But had to be cut off.
Article 33 of China's Regulations on the Administration of Medical Institutions stipulates that when a medical institution performs surgery, special examination or special treatment, it must obtain the consent of the patient, and should obtain the consent and signature of the family or related person; You should obtain the consent and signature of your family or related person. In order to rescue the patient, if the legal agent or the authorized person cannot sign in time, the person in charge of the medical institution or the authorized person in charge may sign.
Moreover, medical institutions have a legal exemption under this circumstance, and the first paragraph of Article 33 of the Regulations on the Handling of Medical Accidents states: "In the case of emergency, emergency medical measures for the rescue of dying patients are adversely affected, Not a medical accident."
However, Ma’s death lies in the complexity of China’s informed consent, which requires the consent of the patient and the consent and signature of his family or relatives. That is to say, in the case that the parties are awake and able to make their own decisions, they must also have the consent and signature of relatives and related persons in order to be operated or treated.
This clause has always been regarded as a measure taken by the hospital for self-insurance. Because there is a problem in the treatment, if the family member does not sign, it may be in a lawsuit or be "medicated", but the client (patient) and the family are both signed. The word, even if the family wants to "health," there is no reason, or lack of confidence.
This leaves a question. When a doctor proposes a treatment plan through professional evaluation, and the person (patient) agrees, the family members agree with the family members simply because they disagree (mistake judgment). It leads to the death of the client (patient), although no one is responsibilities on the surface, but in fact everyone has responsibility, and the responsibility of conscience may be heavier.
Informed consent was first proposed by American judge Carlozo in 1914: “Anyone has the right to decide how to deal with his body†and this concept continues to evolve and expand. The California Court of Appeals in 1957 at Salogo V. Leland Standalone Jr. In the judgment of the University Board of Trustees, the informed consent was used for the first time to establish the patient's informed consent. The key point is that if the doctor fails to inform the patient of the necessary facts on which the patient relies on the proposed treatment plan. He has not fulfilled his obligation to inform the patient and should bear legal responsibility for it.
Since then, all countries in the world have gradually adopted this principle of informed consent, and further strengthened and improved in the Nuremberg Code confirmed after the Nuremberg trial after the Second World War. However, the right to informed consent also faces various shortcomings. For example, it is difficult to fully inform, which refers to the level and extent of the doctor's notification to the patient due to the limitations of professional level, values, professional ethics and expression ability. In addition, due to the lack of professional knowledge of patients and other reasons, it is difficult to fully understand.
In addition to adequate informed and well-informed limitations, there is also a principle of weighting, in which a person's opinion is most important in determining a treatment plan, or has a decision-making power. However, the informed consent in China has developed to the present, and it is necessary to obtain the knowledge of family members and relatives and agree to sign, otherwise the doctor will not be willing to treat. It is at this point that both the core purpose of intimate consent and the principle of violation of weight have caused many tragedies that are unaccountable.
The gist of informed consent is that, with the exception of the doctor's full notice, the consent of the client (patient) is the greatest right or authority, and the consent of the family and the contact is the second or smallest. In 1979, a judgment of the German Federal Constitutional Court stated that although patients are required to help others because of illness, they may consider that they have some kind of imperfection, but according to the principle of human self-discipline, how their body will be disposed of. Patients certainly have unrestricted discretion.
Starting from this principle, in the United States, as long as the parties agree, even family members can treat or operate. However, in China, the weight of the parties (patients) is now equated with the weight of the family members, which may be the cause of the death of the maternity horse and other tragedies.
Improving and improving the right to informed consent may avoid and reduce the occurrence of such tragedies in the future.
Source: Beijing Youth Daily
Foot Spa Machine,Foot Tub Spa Pedicure,Foot Bath Massager,Bubble Foot Spa
Huaian Mimir Electric Appliance Co., LTD , https://www.mimirfootbath.com