Research Of Medical Staff Demonstrative Obligation

Demonstrative obligation, also called inform obligation, is the obligation of physicians to explain to the patients about the sick status, treatment and the danger arising from the treatment,and etc. The medical staff inform obligation corresponding is the patient's informed consent rights emphasizing the initiative and respect for the right of patient's own decision is the foundation and the core of the demostrative obligation. Our country has no special regulations of medical staff demonstrative obligation, relevant provisions can be found from" the law of certified doctors", the law of maternal and child protection", "rules for the handling of medical accidents", "the regulations on administration of medical institutions", and "the family planning technical services management regulation", "medical hairdressing service management method" and other laws and regulations,The tort liability law which has taken into effect at 2010 year is a major progress for the standardization of demonstration obligation of medical persnnel.The subject of medical staff demonstrative obligation is medical staff.Physicians refers to those who have passed examination and got the approval or admit of the health administrative organst, obtainning corresponding qualification of the various kinds of hygienic and technical personnel at all levels. In China's theory and practice of informed consent, the object of medical staff demonstrative obligation is the patient'family members rather than the patient themself, even if the patients themselves are people who have completely legal capacity, medical staff would still take family member or relatives as the demonstration party rather than just listenning to his patients decision. Physicians demonstrative obligation content including the demonstration of the medical level, equipment, technology condition, symptoms in patients, medical measures, medical risk, drug interactions, alternative treatments, prenatal fetal condition, the patient died descriptionand etc of the medical institutions. In the following cases such as the doctor having given compulsive treatment permissions by the law, danger extremely mild, patients very aware of their symptoms or giving up the knowing right, state of emergency which physiciansl can not demonstrate,the inform obligation can be get rid of from the physiciansl.Judging whether physicians have already done the demonstrative obligation will mainly involve the judging criterion of demonstrative obligation.There exist several different opinions among theorists, basically four kinds such as reasonable doctor wording, reasonable patients wording, specific patients wording, compromise wording.The principle carried out in the medical tort litigation is the principle of "inverted proof arising " Litigation arising from the violation of demonstrative obligation by physicians will be naturelly also governed by this principle.The main fact of damage arising from the violation of demonstrative obligation by physicians is the damage of the right to know, self-decision-making right, privacy and body right of the patient. The specific performance of damage to the benefits of patient is as follows: realistic interests damage and expect interest damage. If the violation of demonstrative obligation caused personal injury to the patients and cause and effect relationship between the injury effet and the violation of the demonstration obligation can be determined, the medical institution shall bear the responsibility for compensation for the body damage.If the violation of inform obligation caused only damage to such spiritual rights as knowing rights, personality rights and etc instead of body damage,the compensation liability of medical institution should be the compensation for mental injury.