Study On The Legal Problems Of The Right Of Patient's Privacy

With the extensive development of medical service activities and the large appearance of medical disputes, the public awareness of the law increases. Patients on the strength of their privacy protection gradually increase. Patient privacy this concept is no longer a person problem of understanding. Once a patient's privacy was violated or leaked, which will give patients a great deal of pain and pressure, causing more tense situation of the doctor-patient relationship. In China, for the influence about the long-standing tradition of evolving health care system and patterns of clinical care, leading to poor legal awareness of medical personnel, emphasising on the legal rights of patients is not enough, which caused our current situation in patients with inadequate privacy protection. Nowadays, the protection of patient privacy rights in the world have been strengthened .International community universally pays more attention on it . As the theoretical research of the privacy of the patients started late, the judiciary has not yet enacted a system of perfect rights of the patient. From the spirit of the legislation and relevant judicial interpretations, the privacy protection of the patients'rights still exists many shortcomings.This thesis except introduction and epilogue, is divided into three parts, which totals of 2.8 million words.The first part is an overview of patient privacy. This part starts with the basic concept of patients'right of privacy,the particularity of patients'right of privacy,the constitution of patient privacy violations,the infringement liability mode of patients right of privacy and the relief matter. This paper systematically describes what patients privacy are, combs its own characteristics, Points out that medical institutions and medical personnel carrying out their duties according to law, for the public interests of the society needs and the lawful rights and interests of others of patients right of privacy restrictions on three kinds of patients' right of privacy disclaimer reason infringement . Strive to enable readers to intuitive understanding of the basic related concepts of patients'right of privacy.The second part is to describe the main contents of the infringement of patients'right of privacy tort type and high-risk reasons. This part of the content is mainly puts forward the main cause of poor situation of the current patient privacy protection, and points out that the patient privacy legislation is imperfect, the diagnosis and treatment work members legal consciousness is weak, the patient lacks the necessary concept of protection rights, hospitals in software management system is not perfect and medical treatment in patients with hardware condition cannot meet the need of increasing related problems. And they point out that in the actual medical treatment activity, there are infringing type, leads to what our country's current patients privacy protection mechanism of the defects and the present situation of our country, unsatisfactory highlights of the poor patients privacy protection status quo.The third part is the issues surrounding patients privacy protection. Firstly introduces the foreign patients right of privacy protection situation, and then discusses the privacy protection of relevant patients investigation and improving suggestions. Such as promoting legislation, the effective guarantee to provide legal and judicial organs practice are proposed. For legal education, requesting the legal consciousness and medical personnel vocational moral standards improved as soon as possible, and to the patient's own legal awareness put forward higher expectations . To increase the hardware facilities into medical institution for patients, provide better medical environment. Perfecting medical institutions management system construction, strengthening software services to upgrade. Standarding clinical teaching practice activities and using new clinical teaching modes, etc. The author in this paper for establishing the system around the above problems, perfect patient privacy protection system and finally puts forward many comments and suggestions.