(1) Rights and obligations of medical students 1. Rights of medical students
(1) Doctor's right of diagnosis and treatment: The doctor's right of diagnosis and treatment is given by law and is one of the most basic rights of doctors. The basic condition for doctors to obtain the right to diagnosis and treatment is that they have received formal training and passed the professional doctor qualification examination. The doctor's right to diagnosis and treatment has three remarkable characteristics: ① the autonomy of exercising the right. (2) the authority to exercise rights. ③ the particularity of the exercise of rights.
(2) The doctor's special intervention right: under certain circumstances, the doctor restricts the patient's autonomy. The scope of application of the right of special intervention includes: ① When patients with mental illness, loss of will and attempted suicide refuse treatment, doctors can exercise the right of special intervention to force treatment or take measures to control their behavior. ② Although patients have the right of informed consent in the process of human experimental treatment, doctors must protect patients' interests with special intervention rights for some highly dangerous experiments. ③ Patients demand to know the truth about their diseases, but doctors have the right to conceal the truth when it is not conducive to diagnosis and treatment or has adverse effects.
(3) Doctors' right to work and study: In order to continuously improve doctors' professional level and ensure the normal medical work, doctors have the right to be protected in their work, study and life, the right to receive reasonable remuneration, and the right to further study, examination and further study.
(4) doctors' right to participate: doctors have the right to care about the development of medical and health undertakings, put forward suggestions on preventive health care, environmental protection, mental health and other issues and participate in their implementation. Doctors have the right to participate in the formulation of national health strategic objectives, principles and policies, and fully express their opinions. 2. Doctors' obligations
(1) Do one's duty for patients, safeguard patients' health and relieve patients' pain: all the actions of doctors should be conducive to patients' interests and health recovery, and they should not shirk the responsibility of diagnosis and treatment for patients for various reasons. Doctors have the responsibility to use medical knowledge and treatment methods to do their best to alleviate or relieve patients' pain.
(2) Doctors should perform their duties for patients unconditionally: in any case, they should consciously perform their duties and turn them into conscious behaviors.
(3) Doctors have the obligation to explain and explain the illness and keep it confidential: doctors have the responsibility to explain the illness, diagnosis and treatment, prognosis and other related medical conditions to patients. When explaining, let the patient know the situation and avoid causing psychological harm to the patient. At the same time, doctors also have the obligation of medical confidentiality.
(2) Rights and obligations of patients
1. Rights of patients
(1) Equal right to medical care: People's right to life is equal, and so is their right to medical care.
(2) Cognitive right of diseases: Patients have the right to know or understand the nature, severity, treatment and prognosis of their diseases.
(3) Right of informed consent: Patients have the right to know the function, success rate, possible complications and dangers of doctors' diagnosis and treatment methods (including human trials), which can only be implemented after patients agree.
(4) the right to appeal and compensation.
(5) Request for privacy protection: the patient's physical and psychological privacy. Have the right to ask medical personnel to keep it confidential.
(6) Exemption from certain social responsibilities: After being hospitalized and obtaining the certificate from the medical institution, the patient has the right to temporarily or long-term exemption from social responsibilities such as military service, aerial work or tunnel work according to the nature, degree and prognosis of the illness, and has the right to obtain corresponding welfare protection.
2. Obligations of patients
(1) Responsibility for maintaining and restoring health: Patients have the responsibility to choose a reasonable lifestyle, develop good living habits, maintain health and reduce the occurrence of diseases.
(2) Obligation to actively accept and cooperate with diagnosis and treatment: Personal health is not a purely personal matter, but closely related to others and society, such as infectious diseases, sexually transmitted diseases and hereditary diseases. If you don't actively accept and cooperate with the diagnosis and treatment, it will have an impact on society.
(3) Obligation to abide by the rules and regulations of the hospital: Abide by the rules and regulations of the hospital, including the visiting system, health system, escort system, and timely payment of medical expenses.
(4) Obligation to support the development of medical science: In order to improve the level of medical science, medical staff need to conduct special research on some difficult and rare diseases, explore effective diagnosis and treatment methods, and patients need to cooperate. Doctors have the power to diagnose and treat patients. Doctors have professional medical skills and special rights in the process of treatment. Putting patients' lives first is the first mission of doctors. Patients have the right to choose in the course of treatment. In the course of treatment, they should trust doctors instead of having many misunderstandings.
The emergence of medical obligation of medical staff is based on the establishment of medical association contract and related medical laws and regulations. Because the establishment of medical service relationship is a medical contract relationship, medical personnel should provide medical services for medical patients on behalf of medical institutions, that is, fulfill medical obligations and fulfill the provisions and obligations of the contract.
Legal basis:
Article 39 of the Law of People's Republic of China (PRC) on Medical Practitioners, if a medical institution or a non-doctor practices medicine without approval, it shall be banned by the health administrative department of the people's government at or above the county level, and the illegal income, drugs and equipment shall be confiscated, and a fine of not more than 100,000 yuan shall be imposed; Revoke the doctor's practice certificate; If it causes damage to the patient, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 336 of the Criminal Law of People's Republic of China (PRC) * * * If the circumstances are serious and he has not obtained the qualification for illegal medical practice, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.