[4] Compiled from: Red Star News
 
[2] Yesterday, the Law of the People's Republic of China on Medical Practitioners officially came into effect (simultaneously repealing the Law of the People's Republic of China on Licensed Medical Practitioners), which provides strong protection for the rights of medical practitioners in emergency treatment: on one hand, the state encourages medical practitioners to actively participate in emergency rescue services in public places such as public transportation; on the other hand, medical practitioners who voluntarily provide emergency care are not liable for civil damages if they cause harm to the recipient.

 
 

Case review
[3] In 2017, an elderly person in Shenyang, Liaoning Province, suddenly fainted while buying medicine at a pharmacy. The pharmacy owner, Mr. Sun, who held a medical license, performed cardiopulmonary resuscitation on the elderly person, but this resulted in 12 of the elderly person's ribs being fractured and a contusion in the right lung. Subsequently, the elderly person sued the pharmacy owner in court.
 
[4] Although this incident occurred in a pharmacy, it can still be considered as happening in a public place. While Mr. Sun had a medical license, his act of voluntarily rescuing the person was not an obligation but purely based on moral duty. Mr. Sun's experience vividly reflects the dilemma faced by medical practitioners when rescuing people in public places. Although the People's Court of Kangping County, Liaoning Province, later issued a judgment dismissing the plaintiff's claims, a result that is reassuring, ensuring that all medical practitioners can confidently and boldly rescue people in public places requires explicit legal provisions for protection.

 
 

 
Civil Code of the People's Republic of China
[5] Article 184
[6] If harm is caused to the recipient due to voluntary emergency rescue actions, the rescuer shall not bear civil liability.
 
 
[1] Law of the People's Republic of China on Licensed Physicians
Article 27
[2] For patients requiring emergency treatment, physicians shall take emergency measures to provide diagnosis and treatment and shall not refuse emergency care.
 
[3] In emergency situations such as rescuing critically ill patients, when consent from the patient or their close relatives cannot be obtained, with the approval of the person in charge of the medical institution or an authorized person, corresponding medical measures may be implemented immediately.
 
[4] The state encourages physicians to actively participate in emergency services in public places such as public transportation; physicians who cause harm to recipients due to voluntary emergency care shall not bear civil liability.

 
 

 
[1] The author's perspective
[5] Although physicians treat illnesses and save lives, they are not omniscient deities. In public places, they are likely to rescue patients without access to medical records or conventional technical conditions, relying on both experience and courage. As we all know, for a critically ill patient, every second can be a golden moment for rescue. In such critical situations, if physicians have to worry about how to avoid being held accountable or whether it is safer to rescue or not, it would not only violate the spirit and duty of a physician but also potentially miss the optimal opportunity.
 
[6] Therefore, to eliminate physicians' excessive concerns during emergency rescues, the Civil Code first stipulated that "a rescuer who voluntarily performs emergency rescue and causes harm to the recipient shall not bear civil liability," followed by the Physician Law further refining and emphasizing this. It is evident that fundamentally dispelling their concerns is the greatest guarantee for saving lives and treating illnesses. None of us want to see "standing by while others die," so we should respect physicians' actions in rescuing people in public places, objectively face the outcomes of such emergency rescues, and avoid attaching excessive emotions or thoughts to them. Each of us should establish correct scientific understanding and foster a tolerant and understanding atmosphere, thereby encouraging more physicians to participate in "street-side emergency rescues."