尊嚴死的權利: 論病人自主權利法

Research output: Contribution to journalArticlepeer-review

Abstract

As the first law in Asia on the death with dignity issue, the Patient Right to Autonomy Act expands patients’ rights on the choice of life-sustaining treatments. Patients in the edge of death can prevent futile medical care and die with dignity through passive euthanasia. However, the Patient Right to Autonomy Act was passed without compatible administrative regulations. There is no set solution to reconcile the possible contradiction in medical practice and procedural problems. According to other countries’ experience, the details of execution are essential to the effect of a legislation. For example, what kinds of patients are eligible for the rights and procedures? How to define the patients? These are questions highly related to clinical judgements. Health care agents are just messengers to patients’ will, or can make judgements for the patients? There is no sanction provisions in the Patient Right to Autonomy Act, so how to proceed if hospitals or physicians refuse to execute patients’ will? How to enhance communication to enhance patients’ informed choice? In order to identify and solve the issues, this research reviews the legal models in Japan, Korea and the United States surroundings on the issues to find a way to ensure the right of self-determination of the elderly could really be fulfilled from the perspective of law and makes contribution to enhance Taiwan’s legal environment for patient’s autonomy.
Original languageChinese (Traditional)
Pages (from-to)1-36
Number of pages37
Journal東海大學法學研究Tunghai University Law Review
Volume55
StatePublished - 2018

Keywords

  • Patient Right to Autonomy Act
  • death with dignity
  • Hospice Palliative Care Act
  • patient’s autonomy
  • the Right to Die

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