Outside the operating room, the doctor asked the anxious husband: \”The situation is critical, should we protect the children or the adults?\”
Mr. Liang, who lives in Guangzhou, recently gave birth to a daughter. Because the amniotic fluid broke prematurely, my wife was already unconscious when she entered the delivery room. The doctor asked Mr. Liang to sign a decision on whether to protect the adult or the baby in the event of an accident.
Although nothing happened in the end, Mr. Liang felt that he had been greatly hurt. He said: \”My mind went blank at the time. Besides, the adults and children were all fine. Why did the doctor scare us and make us suffer?\” It was very dangerous. Should we protect the adults? Or a child? \”Is it necessary for the hospital to let the maternal family make such a choice? As a pregnant woman, it is inevitable to think: \”Will my life be decided by others at this time? \”
Journalist investigation: The situation in public and private hospitals is different
The decision of \”protecting adults or protecting the child\” outside the delivery room makes it difficult for the mother\’s family. So, what considerations does the hospital have in allowing family members to make such a choice? The reporter interviewed many hospitals in Guangzhou and found that not every hospital will allow family members of pregnant women to make such a choice. Generally speaking, public hospitals adhere to the principle of \”mother\’s safety\”, while private hospitals will pay more attention to medical disputes. Most family members will be asked to sign such an \”informed consent form.\”
Provincial Maternal and Child Health Hospital: The hospital will try its best to prevent family members from making such a choice
\”In our hospital, this situation almost never happens.\” Chen Yunbin, deputy director of Guangdong Maternal and Child Health Hospital, said in an interview with reporters. \”If the mother\’s life is in danger due to pregnancy or childbirth, the hospital will do its best to save the mother\’s life first. Because if it does not do so, it is not only unreasonable in bioethics, but it is also unreasonable for the newborn baby. Reasonable. Good. The mother\’s own system is also the first to preserve its own supply. It may also be accompanied by serious illness. Unless the mother is severely comatose when she is sent to the hospital, or is not worth rescuing due to a car accident, the hospital will choose to protect the adult. \”
The Third Hospital of Guangzhou Medical University: Based on the principle of \”mother\’s safety, baby first\”
Li Yingtao, deputy director of the Department of Obstetrics and Gynecology of the Third Affiliated Hospital of Guangzhou Medical College, told reporters that this hospital will never let family members choose to protect adults or children. \”In actual operations, we will adhere to the principle of \’mother\’s safety, baby first\’ to ensure the safety of mother and child. Unless the mother encounters a situation where her own life cannot be saved, the mother\’s life safety is the first priority.\” It is not allowed. Family members make the difficult decision of \’protecting the adults or protecting the children\’. \”
Private maternity hospital: almost every expectant parent will experience this choice
“In our hospital, every expectant mother who is about to enter the delivery room must sign this ‘informed consent form’. Generally speaking, only the baby who is about to give birthOnly Bao’s parents are qualified to sign the consent form. \”Sign the consent form and try to avoid signing during the production process.\” Mr. Wang, the office director of a private hospital in Guangzhou, told reporters.
\”The informed consent of the patient\’s family is a requirement of the rules and regulations of the medical industry. No matter how simple a medical procedure is, whenever it may cause harm to the patient, the doctor must seek the opinion of the patient or his family. Because medical surgeries have their own particularity and complexity, the same surgery may produce different results on different patients. Through the signing and consent process, the hospital can take the initiative to help reduce possible disputes in the future. \”Teacher Wang believes that as citizens\’ legal awareness continues to increase, this situation will become more and more common.
Controversy: Who has the authority to sign the \”surgery consent form\”?
During the interview, the reporter found that if an emergency that threatens the mother\’s life occurs during actual operations and a consensus cannot be reached with the mother\’s family within a short period of time, most doctors will handle it according to principles. Ensure mother\’s safety to the greatest extent. However, some hospitals have caused great controversy by asking family members to agree to choose \”to protect adults or to protect children\” when the mother is unable to make a choice for herself during delivery.
Patient: It is unreasonable to let others decide your right to life
Most of the pregnant women interviewed said they believed their husbands would choose Mr. Bao. However, some people have also raised questions: If the husband is selfish in \”carrying on the family line\”, or if the relationship between husband and wife is not good, or if the mother is in a coma and no immediate family members are around, will it be terrible to let others decide the fate of the mother? Some female readers interviewed said: \”Difficult childbirth is a violation of women\’s rights. When it is difficult to protect the mother and child, family members are still allowed to choose to \’protect the adults or the children.\’\” This is a violation of women\’s rights.
Hospital: To avoid doctor-patient disputes, follow the rules
Hospitals that require family members to sign and agree to \”protect adults or protect children\” believe that they are acting in strict accordance with relevant national laws and regulations. According to the \”Basic Standards for Writing Medical Records\” issued by the Ministry of Health and the State Administration of Traditional Chinese Medicine on September 1, 2002, \”for medical activities that require the patient\’s written consent, the patient should sign a consent form. The patient does not have sufficient capacity for civil conduct.\” If the patient is unable to sign, his or her close relative shall sign.”
The hospital insisted: “The Basic Standards for Writing Medical Records are formulated in accordance with the Law of the People’s Republic of China on Practicing Physicians, the Regulations on the Management of Medical Institutions, the Regulations on the Handling of Medical Accidents and other laws and regulations. The purpose is to ensure the quality of medical care and prevent Occurrence of medical accidents” family symbol.
Expert opinion: Preoperative fairness can be considered
In response to the debate about \”protecting adults or protecting children\”, lawyer Tan Hualin believes: \”The right to life and health is the personality right of the mother, and her decision has no legal basis.\”
Tan Hualin believes that doctors requiring patients to sign \”informed consent\” has certain positive significance for patients to protect their legitimate rights and interests, and also avoids some medical disputes in the process. However, there are also obvious loopholes in the \”signature by close relatives\” section: if a seriously ill pregnant woman is in a coma, it is difficult for her husband to sign, which is difficult to ensure that she is \”left behind\”. Children come first.”
Experts gave an example: \”An expectant mother in Shanghai had a sudden dystocia. The situation was urgent, but her husband was on a business trip and the woman\’s parents were not in Shanghai. At that time, the doctor immediately notified both parents, and the woman\’s parents rushed to Shanghai as soon as possible, but it took four days. It takes about five hours to arrive, but the hospital needs
You must sign for the operation immediately within an hour, otherwise the mother and child will not be saved. The only people in the hospital at that time were the man’s parents. The doctor asked the man’s parents, ‘Should we save the child or the adult? ’ The male parents chose to ‘save the child’ without notifying the male and female parents. As a result, the mother died unfortunately, but her child was saved. “Perhaps such cases are extreme and rare, but as long as they happen once, it is unfair to the mother herself. \”
Therefore, the experts interviewed believe that preoperative notarization of high-risk maternal surgeries is a better solution to the problem. \”This can not only satisfy the patient\’s right to know, but also eliminate the burden of medical staff. No worries, both parties share the responsibilities and risks. \”Experts also remind expectant parents that if the mother already has a greater risk of safe childbirth, it is best to negotiate this decision in advance and sign an informed consent form when the mother is in good physical and mental condition.
How to make a decision when the life of the mother and the unborn fetus can only be saved? Most scholars in our country believe that the mother’s “right to survival” is greater than the “birth right” of the fetus because “the right to birth is survival.” continuation of rights. \”The question \”Should we protect the adults or the children?\” is not unique to China. In fact, many foreign countries also act this way.
In the United States, the question \”Should we protect the adults or the children?\” is usually Before delivery, when only one option can be saved, the mother can make the choice.
Early US precedents tended to protect the fetus. , courts often allow forced blood transfusions, and even allow major operations to be performed to save the life of the fetus regardless of the objections of the pregnant woman.
In Italy, referring to the provisions of the Argentine Civil Code, the fetus is called a \”person to be born.\” , as opposed to \”a concrete person\”. Therefore, the right to life of the fetus is taken seriously.
Dubai\’s law stipulates that if the mother accidentally injures the fetus in a car accident and causes a miscarriage, she must be sentenced to \”manslaughter.\” . The fine for causing fetal death is 10% of the fine for causing the death of a woman, which is approximately $5,500. (Feng Qiuyu)