(1) Professional autonomy. Within the scope of registered practice, under the premise of observing laws, regulations and medical and health rules and regulations, doctors have the right to make necessary medical diagnosis and examination according to the patient's condition, and independently choose appropriate medical plans, preventive measures and health care methods to help patients recover; Doctors have the right to carry out disease investigation or epidemiological investigation according to the condition and epidemic situation, and take preventive measures and necessary medical measures; At the same time, doctors have the right to issue corresponding medical certificates according to the needs of illness and medical results.
(2) the right to guarantee the conditions of practice. According to the Regulations on the Administration of Medical Institutions promulgated by the State Council and the relevant standards formulated by the Ministry of Health, doctors have the right to obtain the basic conditions of medical equipment equivalent to their practice activities when practicing in various medical and health institutions, and medical and health institutions should provide corresponding basic conditions (legal obligations) and gradually improve them (moral obligations) to ensure the full play of doctors' practice skills and levels.
(3) the right to professional study. Doctors have the right to participate in professional academic organizations, engage in medical research and academic exchanges, participate in professional training and receive continuing medical education.
(4) the right to be respected. The doctor's job is the sacred labor of preventing and treating diseases and saving lives. The practice activities and work order of doctors are protected by law. The personal dignity, personal safety and personal freedom of doctors in their practice activities are inviolable, and the honor and dignity of doctors are safeguarded.
(5) the right to remuneration. Doctors' right to remuneration in accordance with laws, contracts and relevant policies is protected by law and enjoys the welfare benefits stipulated by the state and agreed in the contract.
(6) Participate in democratic management. Doctors have the right to put forward opinions and suggestions on the work of medical treatment, prevention, health care and health administrative departments in their institutions, and participate in the democratic management of their institutions according to law. Doctor's obligation includes: doctor's obligation refers to the duties and obligations that doctors perform according to law in their practice activities, that is, the scope and limits of certain actions or omissions in their practice activities. In the doctor-patient relationship, doctors' obligations correspond to patients' rights. In view of the monopoly position of doctors in the industry, patients can only passively accept the services of doctors. How to check, diagnose, treat and implement medical treatment is up to doctors, who are in a weak and disadvantageous position. In order to balance the relationship between doctors and patients and realize social fairness and justice, doctors' laws in various countries generally focus on or even specifically stipulate doctors' obligations, while there are few or no provisions on the rights of doctors and students. For example, the Japanese Medical Doctor Law only stipulates the monopoly of business (article 17) and the monopoly of name (article 18), but stipulates six obligations of doctors, including the obligation to make house calls, see a doctor and deliver a medical certificate (article 19) and the obligation to personally check (article 20
(1) Obligation to practice according to law. As citizens, doctors should not only abide by national laws, but also abide by relevant health laws, regulations and rules, and abide by relevant health standards and medical and health technical operating norms. The Responsibilities of Hospital Staff 1982 issued by the Ministry of Health on April 7 stipulates that doctors and other medical personnel at all levels should conscientiously implement various rules and regulations and technical operation routines, and personally operate or guide nurses to carry out various important examinations and treatments.
(2) Abide by medical ethics. In practice, doctors should establish the consciousness of serving the people wholeheartedly, adhere to and carry forward the humanitarian principle of saving lives, abide by professional ethics and serve patients dutifully. 1994 the detailed rules for the implementation of the regulations on the administration of medical institutions promulgated by the Ministry of health on August 29 stipulates that medical institutions should organize medical staff to learn medical ethics and related teaching materials and urge them to abide by professional ethics. Doctors should pay attention to people's lives, respect personality, safeguard patients' health and alleviate their suffering.
(3) The collateral obligation arising from the principle of good faith. Doctors have the obligation to care for, care for and regenerate patients, and protect the privacy of patients in their practice. The Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions stipulates that medical institutions should respect patients' right to know about their illness, diagnosis and treatment. In the implementation of surgery, special examination and special treatment, patients should be given necessary instructions. If it is not appropriate to explain the situation to the patient due to the implementation of protective medical measures, the family members of the patient shall be informed of the relevant situation. The law also stipulates that medical institutions should implement protective medical measures for patients in medical treatment activities, and obtain the cooperation of patients' families and relevant personnel. At the same time, due to the characteristics of medical activities, patients actively or passively introduce their medical history, symptoms, signs, family history, personal habits, hobbies and other privacy and secrets to doctors. These personal privacy and secrets should be protected. Moreover, more and more people think that the patient's condition and treatment plan also belong to the privacy of the parties and should be protected. Therefore, in medical practice, the rights of patients are the obligations that doctors and other medical personnel must fulfill.
(4) Diligence obligation. In practice, doctors should not only have a good service attitude, but also have solid professional knowledge and skilled skills to ensure high-quality medical services. This requires doctors to continue to receive continuing medical education in practice, study hard, update their knowledge and improve their professional and technical level. Participating in professional training and receiving continuing medical education is not only the right of medical students, but also the obligation of doctors. China's "Medical Practitioners Law" stipulates that administrative departments at or above the county level should formulate doctor training plans to provide conditions for continuing education, and at the same time take effective measures to train medical personnel for rural areas and ethnic minority areas. Medical, preventive and health care institutions shall ensure the training and continuing medical education of their own doctors as planned, and the medical and health institutions entrusted by the health administrative department at or above the county level to undertake the examination of doctors shall provide and create conditions for training and continuing medical education.
(5) Health promotion obligation. Doctors have the obligation to publicize health care knowledge and carry out health education to patients in their practice activities. With the development of society and the progress of science and technology, human beings have gradually deepened their understanding of the factors that endanger their own health, and the connotation of health undertakings has been continuously enriched and expanded. There are many factors that affect human health, among which bad habits such as living environment, public health, smoking and alcoholism have aroused widespread concern in society. To control and improve these factors, it is not enough to rely solely on the work of the health sector. It is necessary to establish the concept of "great health", mobilize the whole society, all departments and all aspects to care about health and health issues, carry out extensive health education activities among the masses, educate and guide the masses to form good health habits, advocate a civilized and healthy lifestyle, and improve their health awareness and self-care ability by popularizing medical and health knowledge. This is the duty and responsibility of doctors.
legal ground
Article 12 18 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the patient is damaged in medical activities and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.