| Informed consent of the patient, is the medical procedure, the medical side should first inform the content of medical practice to the patient, at the same time inform the patient based on the doctor's content, according to their own judgment whether to agree to make the right health care. The exercise of the right to medical side agreed to fulfill this obligation with the suffering party, are included in the concept of informed consent among both interrelated and inseparable. Based on the analysis of the practice of doctor-patient relationship Honesty phenomena, discusses informed consent system culture in China is facing difficulties, and starting from the basic concept of informed consent system, the ability to explore the health care system's behavior under the right to build and conduct special medical run, the last article also start right from relief, focusing on the improvement of patient disputes under non-litigation settlement mechanism.In addition to the introduction, the main part of the paper is divided into five chapters.The main topics discussed in the introductory part of the reason for this article, informed consent of patients studied abroad on the status and trends of the system. Overall, this paper chose the informed consent of the patient is due to the development of a study of patients'rights is increasingly becoming the focus of theorists and practitioners. In theory development is inseparable from the rights of patients nutritional intake for civil law, but the law also has the unique charm of the medical professional's own ethical nature. In today's advanced medical technology, we should appreciate the value of getting the medical law, which are intertwined with various departments together to defend the legal rights of patients. Informed consent from abroad of judicial and legislative system, the informed consent of the patients received the attention it deserves. In our system of informed consent in the practice and theory studies there are more problems, it is also important motivation to carry out medical research informed consent.The first chapter is troubled by the study doctor-patient informed consent regime under the credit crisis. This chapter summarizes the performance of China's current credit crisis both doctors and patients and cause confusion and analyze the performance of the informed consent system in our country on the basis of:(1) the informed consent of the patient's family dominates;(2) the universal tendency of medical paternalism presence;(3) informed consent just a formality;(4) in-patient medical knowledge not difficult to implement as a result of informed consent;(5) subjects can not be completely "informed " and " consent." In analyzing the informed consent of cultural confusion in China, this chapter is divided into three parts.The second chapter of the basic theory of informed consent system necessary to sort out. This chapter analyzes the emergence and development of informed consent system, the concept of nature, the status quo of domestic and foreign legislation, ethical foundation and conceptual basis of the system, and summarizes the major role in the informed consent of the doctor-patient relationship. Conceptually open look, informed consent of the patient, as a personality right contains personal interests, but is not a natural born with, it often depends on the special status of the patient. From the conceptual point of view, the patient's right to informed consent, refers to a medical procedure, the medical side should first inform the content of medical practice to the patient, at the same time inform the patient based on the doctor's content, according to their own judgment, to make agree health care rights. The exercise of the right to medical side agreed to fulfill this obligation with the suffering party, are included in the concept of informed consent among both interrelated and inseparable. Informed consent system for both doctors and patients to improve doctor-patient conflicts with confidence, ease conflicts between doctors and patients, to meet the practical needs of both doctors and patients the role. From the condition of the domestic legislation of view, the introduction of " Tort Liability Act" the relevant provisions in line with international trends, but at the lack of informed consent system is still contingent needs improvement.The third chapter from the perspective of the exercise of the rights of patients to discuss health care system to build capacity, informed consent and the role of the legal nature of the book, the right to exercise informed consent. First, the health care system in terms of capacity, this chapter first start on medical practice, that the existing system of medical incapacity shall be denied minors informed consent contradiction capabilities and real life place. Establishing informed consent of patients, the mean between the results of the non-patient's autonomy and the right to informed consent as an attribute of personality rights, but also determines the patient as difficult as exercising control over the disposal of human dignity and produce. Therefore, the right to exercise informed consent itself with similar quasi-legal acts, civil capacity nor of course being used in the informed consent system. Legislative mode, the article only ternary legislative model, the first tranche will be14years of age as a criterion to distinguish between minors or without the consent ability; second tranche of14years or more minors under16years of age, admitted its refusal rights, and the right to be treated with caution their consent; third tranche was more than16years in the minors consent should be given its full capacity. Second, informed consent is not a contract, power of attorney, as well as the book of life and death risk instruments, the more I agree with informed consent, said, To say that both doctors and patients informed consent is a written obligation to exercise the rights. Third, the article that informed consent is a medical history, but also the necessary legal procedures and written documents, important evidence in the medical litigation After medical litigation, informed consent has key evidence on the role, it can prove the medical side has fulfilled this obligation.Chapter IV of this chapter focuses on the fulfillment of this obligation. First, the article first clarify the obligations and rights of both agreed that the relationship between physicians obligation to inform patients of their right to informed consent to exercise the premise and foundation to achieve informed consent of the patient is the result of the obligation to inform physicians, physicians'obligation to inform." with the patient's "informed consent " constitutes both independent and mutual transformation of rights and obligations. Second, the object should not only inform patients themselves, including family members, should also be included, principals and heads of medical institutions under special circumstances. Third, it informed the standard, the reasonable patient standard is more suitable conditions, we should be adopted." Subjective patient standard " for the medical side," a two lives," the lack of maneuverability requirements are too strict. Third, it informed in terms of scope, clinic activities and medical measures should be explained to the patient condition; Second, you need the surgery, the special inspection, special treatment of the case, it shall explain to the patient the medical risks, alternative medical programs Meanwhile, the doctor's personal information necessary to study the behavior of the interests of the medical, pharmaceutical rebates should also be explained in the column range.Chapter V of this chapter on unconventional medical practices informed consent necessary to exercise the right to explore, including the terminally ill patient, human trials by a natural person to exercise the rights in emergency situations, aims to improve the informed consent system to run in a special field under.Chapter VI of this chapter will improve the informed consent of the rights and remedies against the system were discussed. For the current plight of the geometric growth of medical litigation, the article proposed to improve the non-litigation relief system to be addressed. Including:medical attention arbitration mechanism; encourage and regulate both doctors consultation mechanisms; linking the relationship between arbitration and litigation mechanisms; establish medical liability insurance system. |
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