论文部分内容阅读
由于身怀胎儿,孕妇的医疗决定权具有其特殊性。虽然胎儿的利益应当得到尊重,但胎儿的法律地位决定了其利益不足以推翻孕妇的医疗决定权,故应坚持孕妇医疗决定权高于胎儿利益原则。在孕妇不具备决定能力的情形,首先应遵循尊重孕妇预先医疗指示原则,特别是当该指示是以拒绝治疗为内容。如果孕妇无决定能力并且她未订立预先医疗指示,那么就应适用最佳利益原则。
As pregnant with fetus, the medical decision-making power of pregnant women has its own particularity. Although the fetus’s interests should be respected, the legal status of the fetus determines that its interests are not enough to overthrow the medical decision-making power of pregnant women. Therefore, the medical decision-making power of pregnant women should be insisted on higher than the principle of fetus’s interests. In situations where pregnant women do not have the ability to make decisions, the principle of respecting pregnant women’s advance directives should first be followed, especially if the directive is based on the refusal of treatment. If the pregnant woman is not competent and she does not have an advance directive, then the principle of best interests should apply.