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Civil Law Explanation And System Construction Of Medical Informed Consent

Posted on:2013-01-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ShiFull Text:PDF
GTID:1116330374454311Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The generation of medical informed consent and the establishment of its legalsystem have broad social backgrounds and reasons; at the same time, medical informedconsent embodies deep-rooted ethical and legal philosophical bases. Medical informedconsent contains abundant civil law connotations, which highlights the maintenance ofindividual independence, personality and dignity, as well as the care for human life andhealth. In modern medical-related legal relationships, medical information obligationand medical informed consent constitute a relationship of contradiction and unity. Inmedical practices, the realization of patients' informed consent must be based on thelegal fulfillment of doctors' information obligation, both of which are for themaintenance of human life, health and dignity. The infringement of medical informedconsent rights has both the features of general medical rights infringement andcharacteristics of its own. With the development of society, reform of medical systemand legislation in China, there have been new medical activities such as excessivemedicine, and the medical informed consent involved needs urgent exploration andinnovation. The establishment and improvement of medical informed consentmechanism is a systematic project. To address the deficiencies in the present system, theauthor holds that China should enact a Medical Law or Law on the Protection ofPatients' Rights, and medical institutions should establish and improve their informedconsent system so as to make it standardized and institutionalized. In addition, legalrelief for medical informed consent infringement disputes should be improved,resolution systems for such disputes should be established and developed, and thelegislation process should be accelerated.
Keywords/Search Tags:medical informed consent, medical information obligation, life and healthrights, system establishment, doctor-patient harmon
PDF Full Text Request
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