Legal Risk Analysis and Countermeasures of Medical Institutions Exercising Emergency Rescue Right:Based on Article 1220 of the Civil Code of the People's Republic of China
Article 1220 of the Civil Code of the People's Republic of China is specifically formulated for medical in-stitutions and medical personnel to rescue patients with life-threatening conditions,aiming to adjust the contradic-tion between the right of emergency rescue in medical institutions and the right of informed consent of patients.In view of the lack of relevant laws and regulations,poor organizational structure and loopholes in the system,medical institutions may have certain risks when implementing emergency treatment.After sorting out and examining the rele-vant provisions of the current law on emergency treatment in medical institutions,it is found that it is necessary to optimize the relevant legal provisions and judicial interpretations,establish and improve the case evaluation system with ethics committee as the core,improve the medical assistance fund and insurance system,and avoid the dilem-ma of"feeling and reason"for medical personnel.
medical institutionsthe right of emergency treatmentmedical personnelthe right of informed consent