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07年末,一名孕妇因难产生命垂危被其丈夫送进北京某医院,面对身无分文的孕妇,医院决定免费入院治疗,而其丈夫却拒绝在医院的剖腹产手术书上签字,医院里的几十名医生、护士束手无策,在抢救了3个小时后,医生宣布孕妇死亡。且不说孕妇丈夫的无知,但就医院来说,在法律和道德这两者的选择上医院是否存在过错呢?他们是否需要对孕妇的死承担责任呢?笔者在此从法理学的观点出发,以西方法学思想为视角予以分析。
At the end of 2007, a pregnant woman was sent to a hospital in Beijing by her husband due to her dystopian life. In the face of penniless pregnant women, the hospital decided to go to hospital for free and her husband refused to sign the caesarean section at the hospital. Dozens of doctors and nurses helpless, after three hours of rescue, the doctor announced the death of pregnant women. And not to mention the ignorance of pregnant women husband, but the hospital, the choice of law and morality in the hospital whether there is a fault? Do they need to assume responsibility for the death of pregnant women do? From the jurisprudence point of view , From the perspective of western law thoughts.