论文部分内容阅读
参酌两大法系的立法与司法经验,当患者生命健康处于“稍有迟延,危险必至”的紧急状况,而无法取得患者本人或其法定代理人同意的,医疗机构及医务人员应立即采取相应的救治措施。结合国内相关立法现状,并对我国《侵权责任法》第五十六条相关规定进行质疑与匡正,以期完善立法。
Taking into account the legislative and judicial experiences of the two major legal systems, when the patient’s life and health is in an emergency situation with “a slight delay and danger is bound to be reached” and the patient or his legal representative can not obtain the consent, the medical institution and medical staff shall immediately take Corresponding treatment measures. Combined with the status quo of relevant domestic legislation, and questioned and rectified the relevant provisions of Article 56 of the Tort Liability Act of our country with a view to improving legislation.