Issue About Explanation And Informing Obligations Of Doctors

The explanation and informing obligations of doctors, which spring from informed consent, are the complete and positive explanation and informing obligations of doctors during the diagnosis and treatments activities, based on reasonable patient standard and maintaining doctor-patient relationship.This article starts with the principle of "informed consent"that reduces the burden of proof of patients and safeguards the interests of patients. Within the physician-patient relationship, we discuss that the explanation and informing obligations of doctors, which cover the principle of "informed consent", are the premise of the informed consent rights of patients. And in the dimension of the physician-patient relationship, we compare the consent rights of patients with the consent rights of consumer, to explain that the consent right of patient belongs to the consent right of consumer but not applies to the Law of the People's Republic of China on Protection of Consumer Rights and Interests. Then we compare the responsibility of doctors violating the explanation and informing obligations with the professional liability of doctors, to explain that the doctor is expert, but the former is stricter than the later. Through analyzing the source of the explanation and informing obligations of doctors, this article tries to propose that the development pattern of the physician-patient relationship generates and influences the design of the explanation and informing obligations of doctors, to balance of interests between the doctors and the patients in the dimension of the physician-patient relationship, and achieve the effect of sound development.Chapter 1 shows the legal significance of researching the explanation and informing obligations of doctors by the subject of this thesis following the individual case.Chapter 2 talks about the explanation and informing obligations of doctors in the physician-patient relationship. The explanation and informing obligations of doctors belong to the domain of the observation and faith obligations of doctors. The carding of the source, the concept, the characteristic, the connotation, the standard of definition and the relation with the patients of the explanation and informing obligations of doctors, and the responsibility of doctors violating the explanation and informing obligations, makes the doctors fulfill their complete and positive explanation and informing obligations, then achieves the ultimate goal—maintaining the interests of patient and realizing the harmonious doctor-patient relationship.Chapter 3 espouses the responsibility of doctors violating the explanation and informing obligations. Through the research of the angles, such as the principles of imputation, the bearing of the obligations, the extent and the mode of compensation, to make the behaviors of the violation of the explanation and informing obligations of doctors can be regulated.Chapter 4 discusses the problems and perfecting of the explanation and informing obligations of doctors, which exist in our country, and proposes rational suggestion through from the angles of legislation, justice and the ethical consciousness of the doctors.The part of conclusion summarizes this article, emphasizes the view of this article and indicates the shortage of this article.