Intubation Refusal by Patients' Family: Related with Self-Determination as the Object of Tort Liability. (English)

Self-determination means the autonomy of a self-actualized person in an independent of environment. The right to selfdetermination is the right to make decisions on one's own, provided that the behavior does not infringe the rights of others and is only in one's private matters related to his / her own personality development. In doctor-patient relationship, doctors need to provide correct and sufficient information about medical treatment to the patients, and they must explain carefully in a way that the patients can understand, so as to ensure that the patient can make the best decision in an independent environment. The principle of "informed consent" is a continuous interaction process between doctors and patients, in which the patients can understand well and then make an independent decision. This article firstly introduces the meaning of the selfdetermination right and the physician's violation of the legal obligation, and then discusses the dual meaning of principle of informed consent, on which patients can protect the selfdetermination right, and on the other hand, it can serves as an object of tort liability. This article also discusses the legal effects of a physician's violation of the legal duty to disclose medical Information, including. the concept, the constituent elements and illegality of tort liability. Finally this article discusses the participation in medical decisions of the patients' surrogate, and analyze the current judicial judgment on this "A case of Intubation Refusal by Patients' family". [ABSTRACT FROM AUTHOR]

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