Informed Consent Rights Of Patients

Abstract:Conception of Right to know first appeared in a speech in January 1945 made by American AP news agency director of special affairs, Kent, Bob. As a citizen, also as a patient, they certainly enjoy Informed Consent Right. However, it is affected by both administrative system of planned economy hospital and model of traditional Chinese medicine. Under the practical situation, patients are treated by unequal status and the current law to protect the right of citizen informed consent also has its deficiencies. When a patient sees a doctor, the informed consent rights and dignity don't receive enough recognition and protection, so that the behaviors to infringe patient's rights of informed consent often occur. Therefore, disputes between patients and hospital become the new growth of medical disputes. Along with the development of social civilization and progress, the requirements to respect the rights and informed consent with dignity of patient are increasingly more and more intensive. Long-expected Article 18"Tort Liability Law" still does not include the civil rights and rights of informed consent. How to protect patients'right of informed consent has became a controversial issue of today's society.In order to protect patients'informed consent more effectively, solve the causes of medical disputes, prompt harmonious relations between patient and doctor, perfect the patient protection system of informed consent, the paper tries to describe the real facts, analyze the right to informed consent's conception contentment classification subject, patients with the theoretical basis of informed consent and clinical medicine special informed consent, right, and problem analysis of informed consent and related rights conflict and coordination and informed consent to infringe the rights with form and analysis of the legal responsibility, protect patients'right of informed consent, analyze the importance of informed consent rights to protect patients, and suggests perfecting the informed consent, the necessity of power system.The paper has five parts in addition to the introduction and the conclusion.The first part includes the analysis to the patient of informed consent based on the juridical logic, the introductions to the concept and content of understanding, through comparing, considering and putting forward the views on the informed consent. Secondly, the author classifies informed consent rights and agrees on this ability, and explains the theoretical basis of informed consent.The second part is about conflict and coordination of patients with the consent of the relevant rights. In this part, the author, by explaining informed consent rights and privacy, the right of life and the information disclosure by conflict and coordination, clear right and related rights informed consent.The third part illustrates problems of exercising clinical medicine special informed consent rights. Based on cancer patients, termination and public interests of informed consent is closely related to the problems. In special circumstances it shows the necessity of informed consent limitation.The fourth part discusses the acts of infringing the patient informed consent right and its legal responsibilities. This part of the infringement of the rights with main informed consent, and enumerates expressions of patients'informed consent rights civil liability, administrative liability and criminal liability is discussed. Moreover, it discusses the right infringement patients'informed consent form, with the intention of civil liability for patients with medical staff awakening consciousness of informed consent rights protection awareness.The fifth part gives advice on how to perfect the informed consent of. Based on the current legal system of informed consent, it points out that in our country protection of the right of informed consent is far more insufficient, thus suggesting legislation relating to patients'informed consent rights should be perfected.