Study On The Legal Issues Of Minor Medical Consent Right

As a group of patients with weak and special medical relations,can minors exercise the right of medical consent when they have the ability to consent? In medical activities,there are some problems in the realization of minors’ right to exercise medical consent,such as unclear ability of medical consent,imbalance between the best interests of guardians and minors,unclear ownership of rights with different opinions of guardians,and inadequate fulfillment of medical notification obligations by doctors.Therefore,the above problems can be solved.It has important theoretical and practical significance to protect the life,body,health and other rights and interests of minor patients,and to fight for a certain limit of medical autonomy for minors.This paper uses the literature research method,legal hermeneutics research method,case analysis method and comparative research method to find out the shortcomings of the existing research by studying the current laws and regulations on the protection of minors’ informed consent and related literature and works.This paper analyzes the legal problems faced by minors in exercising their right to medical consent and the causes.Drawing on the beneficial experience of foreign laws on minors’ medical consent right,this paper puts forward specific countermeasures to solve the legal problems of minors’ medical consent right on the basis of theoretical system construction.The article is composed of five parts: the first part introduces the background of the topic of minors’ medical consent,the purpose and significance of the research,the research summary at home and abroad,and the innovation points and research methods;The second part improves the theory of minors’ medical consent from four aspects: concept,characteristics,legal basis and significance.The third part combs the current situation of the development of medical consent right of minors in our country,puts forward the legal problems and analyzes the reasons of the problems.The fourth part is the legal provisions concerning the medical consent right of minors from outside the country by using better legal experience for reference to make up the shortage of legal protection related to minors in the field of medical consent right in our country.The fifth part mainly introduces the theoretical system construction and specific countermeasures to solve the legal problems of minors’ medical consent right.To solve this problem,it is necessary to define the judgment criteria of consent ability,delimit the types of subjects exercising the right of medical consent of minors,clarify the authority of the subjects,clarify the standards of the obligation of doctors to inform,the mode of subjects and other factors,so as to build a theoretical system of the right of medical consent of minors.At the same time,it is necessary to improve the Minor Protection Law,expand the functions and organizational members of the medical ethics Committee,improve the judicial review procedure and enhance the professional quality of personnel,improve the supervision mechanism of guardianship subjects,and standardize the mechanism of medical notification.