Under "patient-centered"(patient-centered attitudes) thinking, the changes of medical contracts in civil legal relations

• Main Authors: Hsien-YuShih, 施憲佑
• Other Authors: Ing-Ling Hou
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/20325132057183540568

碩士 === 國立成功大學 === 科技法律研究所 === 99 === The promotion of consciousness of human rights today, particularly after World War II patient awareness of human rights in many international health organizations have been gradually paying attention, so that the national health policy concept of human rights protection of patients formed step by step within the medical decisions , even become a part of the specific regulations. For example, the concept of informed consent, medical ethics and current international practice talked about the "patient-centered (patient-centered attitudes)" attitude, are gradually determine or influence the direction of health behavior or medical strategy formulation. However, when the patient pay attention gradually to human rights awareness at the same time, the medical professional decision gradually transfer from physicians decided to the "patient-centered" value choice. The change to the medical environment is a great impact. Because the treatment of disease in past are based on disease patterns, physicians decisions, comprehensive patient conditions, and together with their clinical expertise to determine the most appropriate judgments of the treatment to the patient. Under the guidance of awareness of human rights, all physicians must inform patients of treatment strategies to obtaining the consent for conformity with the law without fear of violating human rights, such this behavior pattern to the relevant medical staff engaging in confrontation with the disease, life and death is bound hands and feet. But conversely, after all, patient bears the end of result, whether it is the unfortunate result of complications or death. Therefore, the decision or lead the strategic direction of the medical treatment by the patient is right. However, if more considering the reasons of medical disputes are related to the patients or their family members unwilling accepting the results of the last treatment, and to seek judicial inspection to the medical practice or process. Yet no matter how the situation after the judicial inspection the process of the medical practices, themselves are labor, time cost and bitter. These processes are often brought suffering to the medical staff, and also rarely medical personnel like such judicial inspection process, even finally there were no medical malpractice. So, how to clearly define the responsibilities and obligations of today's medical physicians and patients in the medical behavior is an important thing for the subsequent medical disputes for quick resolution of disputes. Especially when not fully according with their own physician-led medical practice in the medical process, they must bear the accompanied justice inspections of the medical process and the risk of judged malpractice. Such this situation for the doctor-patient relationship is very bad and harmful to the doctor-patient relationship of trust, is more likely lead to the vicious cycle of defensive medical treatment and refused medical treatment. Therefore, the analysis present this thesis aims to "patient-centered" (patient-centered attitudes) thinking, the changes of medical contract relations between civil law, both doctors and patients to clarify the responsibilities and obligations of the new range, in order to clearly understand each other in the new medical behavior between decisions and results, thereby reducing unnecessary medical disputes and the inspection process of justice, to promote harmonious relations between doctors and patients.