수혈거부 환자에 대한 의사의 책임

Abstract

Medical treatments of medical doctors contain diverse and special observation and decision. In process of medical examination and surgical operation of medical doctor, medical examination and surgical operation of medical doctor unless medical doctor let patients' health fall. If law intervene medical examination and surgical operation of medical doctor too harshly, medical doctors could not decide and operate medical treatments freely and efficiently. But against rules of basic principles as development of patients' health, discretion of medical doctors can not be admitted. Discretion of medical doctors could be admitted in range of preservation and encourage of patients' physical and psychological health. In addition even though patients agree to and demand dangerous medical operation, medical doctors have not to follow these suggestions. In this case the patient of Jehovah's witnesses refuse to receive blood transfusion through the surgical operation. This self- determination that patient of Jehovah's witnesses refuse to receive blood transfusion can be admitted in the public medical system? Now say it once more if medical doctors admit this suggestion-refusing to receive blood transfusion of the patient of Jehovah's witnesses-, this decision could be permitted in criminal law. They have widely divided two opinions on this points. One of them make much of self-determination of patient. This opinion assert that if the patient want not to receive blood transfusion of others, it's ok for a medical doctor to operate without blood transfusion. Moreover the medical doctor has not to assume criminal responsibility for patient death due to not blood transfusion. The other opinion makes much of life and health of patient. This opinion assert that though the patient stick to his opinion of not receiving blood transfusion of others, the medical doctor can reject the patient's demand. So medical doctors can choose these two ways of rejecting to operate and suggesting blood transfusion to patient. In my opinion the latter opinion is right. Because in public medical system the most important thing is the life and health of human beings. Even though the patient's religion belief of not receiving of blood, it can not be admissible in medical treatments and operations of public medical system. On the contrary if the medical doctor accept patient's dangerous suggestion of not receiving of blood, he has to be responsible of death or hurt of patient. The self- determination of not receiving of blood can not justify medical doctor's reckless attempt of not receiving of blood operation.