The criminal law Disputes about Patient Autonomy in the Special Medical Treatment

• Main Authors: HAN, CHENG-TAO, 韓政道
• Other Authors: CHANG, LI-CHING
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/dgjyn5

博士 === 東海大學 === 法律學系 === 107 === This thesis takes special medical treatment as the topic, and the patient decides to carry out the right, from the perspective of the disputes derived from the criminal law evaluation, and considers whether the current medical related legal system in China has perfect norms and guarantees for the patient rights in special medical situations. For special medical treatment, this article delineates the four-way specific medical situation from general medical treatment, and separately explores the patient's discretion and the criminal law disputes. First of all, regarding the donation of human organs, the reason why this article regards it as a special medical treatment is that, unlike the essence of medicine, the purpose of pursuing recovery of health is that the organ donation surgery itself is only a harmful effect on the pure injury caused by the subject. In order to use this kind of altruistic medical behavior, in addition to subverting the nature and purpose of medical behavior, it is necessary to further think and discuss about the independent rights and protection of donors. Secondly, the specificity of human clinical trials is that if the clinical trial is unable to accurately predict and grasp the risk, if the subject is willing to bear the risk, the subject should obtain the consent of the subject, compared to general medical, clinical trials. More attention should be paid to the protection of patients' discretion. For example, the true consent of the subject should be obtained before the trial, and the requirements and procedures for the notification of the physician and the consent of the patient should be more rigorous in terms of legal norms or interpretations. Furthermore, when it comes to the controversy of severe neonatal care, it focuses on the decision-making and conflicts of these special medical treatments. The medical speciality of severely ill newborns is that newborns lack autonomy at the beginning and cannot clarify their wishes by others. Therefore, how to protect their parents when they refuse to receive routine treatment from critically ill newborns? Best interest. The boundaries of physicians' treatment obligations should be explored from the theory of criminal law, and opinions from physicians or third parties should be sought to jointly safeguard the medical rights of neonatal patients. Finally, the patient's autonomy in the final dignity of medical care directly challenges the permissibility of the criminal law. With the change of social values, human beings use medical technology to prolong life indefinitely, which in turn encourages people to think about it, and it is meaningless to prolong the painful life, and it is in line with the requirements of doing good in medical ethics. In this special situation, whether the people have the right to decide on the right to refuse medical treatment, this article will observe from the current state of legislation in China, and review the admissibility and legal space of the final medical treatment in the evaluation of criminal law.