The Research On Informed Consent Rights Of Patients

Informed consent rights of patients means the patient who has the ability of informed consent have the right to know their disease-related information, and on this basis whether to make the process of consent to medical practice. Informed consent rights of patients in the medical activities are core and basic rights of patients as the rights system. With the deepening of China's health system reform, the return of civil rights awareness, nowadays, medical disputes are continuing happen and the relationship between doctors and patients is increasingly tense, the rights of patients have become a hot issue in the medical field. Informed consent rights of patients as the natural extension of the personal rights of citizens. In the doctor-patient relationship, the patient's right to know is the basis of its consent. Article 55 of The Tort Law of PRC(Hereinafter referred to as The Tort Law) clear the obligation to inform the medical staff and protect the patient's informed consent for the first time in the level of the Basic civil law, have a significant milestone meaning.This article written the right of patient's informed consent from it's basic concept, the system describes the basic right of informed consent form, patients with informed consent of the subject and content of the exercise, the focus of the content of informed consent rights of patients and the medical side of this obligation. Secondly, through the informed consent rights of patients and the historical development of Current Legislation, introduced in other countries the right to informed consent requirements, analysis of its basic framework. Finally, The Tort Law, the implementation as an opportunity to Analysis against the right of informed consent forms, informed consent of patients against civil liability structure, exemptions and accountability. By civil law perspective, The Tort Law in the right system for informed consent right of patient requirements and the application of superficial and puts forward system of laws and regulations regulate the rights of patients, between doctors and patients build a complete idea of the civil legal relation.