在未获取充分知情同意授权时,医护人员往往采取防御性治疗措施,但某些情形则很可能损害患者身体健康权乃至生命权.因此,在不能或无法获得患者知情同意的紧急情形下,医护人员从尊重生命的最高道德价值出发,采取科学合理的救治措施,符合中国传统文化所倡导的贵人重生观念,也符合西方敬畏生命、尊重生命、热爱生命的亲生命性的生命伦理指向.在紧急情形下强行救治也符合国际与国内生命权至上的法律终极价值原则.为更好地实施强行救治,建议通过提供社会思想基础、创设风险分摊机制、强化社会保障制度等来提供社会保障.%Medical staff often took defensive treatments when the informed consent was not obtained, however, this would impair patients'right of health or life under some circumstances. Therefore, when at the emergency and the informed consent cannot be obtained, medical staff should show respect to life, the highest moral value, take necessary treatment, which not only accords with the Chinese traditional concept that is life is sovereign, but also accords with the western bioethical concepts of reverence for life, respect for life and love life. Besides, this also corresponds to the ultimate legal value principle of supremacy of the life right. The author suggests that the social guarantee for emergency treatment should be provided through providing social thought foundation, establishing the risk sharing mechanism, strengthening social guarantee system.
展开▼
