中国医学伦理学2024，Vol.37Issue(3)：253-260,8.DOI:10.12026/j.issn.1001-8565.2024.03.01
医疗决策中患者自主决定权的困境、冲突与破解
The dilemma,conflict,and solution of patients'right of self-determination in medical decision-making
刘俊君 1霍增辉1
作者信息
- 1. 北京中医药大学人文学院,北京 102400
- 折叠
摘要
Abstract
Currently,there are still obstacles for patients'right of self-determination in medical decision-making.By sorting out its historical origins,this paper found that the reasons for the current situation mainly include the influence of familial culture and medical paternalism,as well as the constraints of the behavioral capacity system and the guardianship systems.In this context,this paper criticized the view that"the key to enjoying decision-making power is rationality",and called for a return to the concept of patient autonomy,so as to achieve a balance between agency decision-making power of others and the special intervention rights of doctors.The legal system for resolving conflicts can be constructed by replacing behavioral capacity with medical decision-making ability,requiring the evaluation of medical decision-making ability based on actual conditions,establishing a pre-medical instruction system,and clarifying the boundaries of medical special intervention rights.关键词
患者自主决定权/医疗决策/权利冲突Key words
patients'right of self-determination/medical decision-making/conflict of rights分类
医药卫生引用本文复制引用
刘俊君,霍增辉..医疗决策中患者自主决定权的困境、冲突与破解[J].中国医学伦理学,2024,37(3):253-260,8.
