预约善终的法律机制——台湾地区“病人自主权利法”评析及启示
发布时间：2018-09-14 15:25
【摘要】：为充分保障病人医疗自主权,台湾地区新立"病人自主权利法"。该法以病人医疗自主、善终、医患和谐为基本理念,使病人在无决定能力时仍能实现自主权并赋予优先知情决定权,采用尊严死的善终模式,允许病人拒绝维生医疗,同时也关注医患关系,维护医疗专业自主。该法建立了预立医疗决定制度,病人可以通过预立医疗照护咨商,与医疗人员及家属充分沟通后,签署预立医疗决定,就接受或拒绝维生医疗做出选择。该法对我国大陆卫生法制具有诸多启示,包括应明确病人自己决定与家属代行决定的关系,区分拒绝维生医疗权与安乐死、医助自杀,赋予预先医疗指示法律效力,兼顾国家利益和医疗服务者权利。
[Abstract]:In order to fully safeguard the patient's medical autonomy, the Taiwan area newly enacted the patient's Autonomy right Act. This law is based on the principle of patient's medical autonomy, hospice and doctor-patient harmony. It enables patients to realize their autonomy and give priority to informed decision when they have no ability to decide, and adopts the mode of death with dignity, which allows patients to refuse to maintain their medical care. At the same time also pay attention to the relationship between doctors and patients, and maintain the autonomy of medical professionals. The Act establishes a system of pre-established medical decisions, whereby patients may, through consultation with pre-established medical care, fully communicate with medical staff and their families, sign pre-established medical decisions and make choices about accepting or refusing subsistence care. The law has many implications for the health legal system in mainland China, including clarifying the relationship between the patient's own decision and his family's decision, distinguishing the right to refuse medical care from euthanasia, medical aid for suicide, and giving legal effect to advance medical instructions. Take into account the interests of the State and the rights of medical service providers.
【作者单位】： 南京工业大学法学院;
【分类号】：D922.16;D927
，
本文编号：2243101
[Abstract]:In order to fully safeguard the patient's medical autonomy, the Taiwan area newly enacted the patient's Autonomy right Act. This law is based on the principle of patient's medical autonomy, hospice and doctor-patient harmony. It enables patients to realize their autonomy and give priority to informed decision when they have no ability to decide, and adopts the mode of death with dignity, which allows patients to refuse to maintain their medical care. At the same time also pay attention to the relationship between doctors and patients, and maintain the autonomy of medical professionals. The Act establishes a system of pre-established medical decisions, whereby patients may, through consultation with pre-established medical care, fully communicate with medical staff and their families, sign pre-established medical decisions and make choices about accepting or refusing subsistence care. The law has many implications for the health legal system in mainland China, including clarifying the relationship between the patient's own decision and his family's decision, distinguishing the right to refuse medical care from euthanasia, medical aid for suicide, and giving legal effect to advance medical instructions. Take into account the interests of the State and the rights of medical service providers.
【作者单位】： 南京工业大学法学院;
【分类号】：D922.16;D927
，
本文编号：2243101
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