紧急救治规则研究

现行法律规定之下的紧急救治规则缺失调和患者生命权、健康权与知情同意权冲突的机制，对紧急情况的判定标准也不一，“不能取得患者近亲属意见”的解释依旧不明。此外，也没有相应机制保障紧急救治情形下的医疗欠费问题。为了完善紧急救治规则，有必要建立事先医疗指令制度，并以“不利因素比较说”为标准判定紧急情况，进一步再明确“不能取得患者近亲属意见”的具体内容。再者，为了有效解决紧急救治情形下的医疗欠费问题，提高医务人员因承担患者所欠医疗费用而降低的救治积极性，有必要建立征信机制和保险机制。

Research on Rules of Emergency Medical Service

The rules of emergency medical service under the current law are lack of mechanism to reconcile the conflicts between patients' right to life, right to health and right to know. The emergency judgement standard is also different, in case of unclear explanation for "cannot get consent from close relatives of patients". In addition, there is no corresponding mechanism to guarantee medical arrearage in emergency medical services. In order to perfect the emergency medical service, it is necessary to establish advance medical directives, and take "adverse factors comparison" as the standard to judge an emergency, further clear the interpretation of "cannot get consent from close relatives of patients". Moreover, in order to effectively solve the problem of arrearage emergency medical services, improve the medical practioners' positive care, which may be compromised by the patients' arrearage of medical expenses, it is necessary to establish a credit reporting system and insurance system.