The Obligation Of Health Care

At present, many countries have provide the system of the obligation of health care.Scholars have different's idears. It have different regulations about the obligation of medical content. Some Japanese scholars believe the obligation of health care is the so-called "informed consent law".Physicians have an obligation to telling the patient's condition actively,possible treatment options, possible risks of each program and nonconsequences of treatment.It make a choice of patients' appropriate lifestyle.Physician surgery with patients.They detail description of the medical treatment option,the possible risks and other measures,and with the patient's consent. Some scholars point the concept of the obligation of health care.It is a explanation for patients during the course of medical practice.These are the treatment of the disease diagnosis, treatment, progression,treatment measures and the possible risks caused by their accountability obligations.Scholars have different views about the nature of the obligation of health care. Some countries identified as the contract between the physician-patient relationship in legislative and judicial. The Civil Code of Germany and Japan did not set the well-known about medicl contract.But it set the medical relations in Civil Specail Law.German identified the medical relations as the employment contract. The Japanese identified the medical relations as a quasi commission contract. Common Law identified the medical relations.The U.S. developed a "Patient Rights Act".It think informed consent as a legal rights of patients. Some scholars believe that the obligation of health care is a legal obligation.It is clearly defined by law.Medical personnel must fulfill this obligation.In violation of the obligation will bear the consequences.How to fulfill this obligation in the medical treatment that doctor-patient relationship.The American sociologist SARS and He Lunde presented three models that guide the cooperative, active passive, and common participatory. Active Passive reflects a patriarchal way of dealing with doctor-patient relationship.The guide cooperation and common participatory style reflects the more equal way of treatment of doctor-patient relationship. Scholars divides the fulfillment of obligation of health care into a reasonable medical and standard and patient.In recent years, doctor-patient disputes emerging due to medical neglect and inadequate tofulfill the obligations of medical knowledge led to damage to the interests of patients. The obligation of medical informing is developped as the important consent of informed consent rights.It played a very important role in protecting the patient's right.It has changed the information inequality between patients and medical institutions. In practice of medical, Obligation to inform health have many problems.It need to depth analysising and understanding. In order to achieve the best results of its application.This article is divided into four parts.It studys severl contents about medical inform's theory.For example,meaning, subject, nature, object research.Through analysis the legislation of the obligatinon of health care, it indicates tort liability about violating obligation.It point the problems and improve recommendations in legislative and judicial.The first part is research the general problems of the obligation of health care. This chapter first describes the content that the patients'right to know. It points the subject of the obligatinon of health care.It points out the nature and object.Finally,it put forward the theoretical and economic basis.It discusses the value of the obligatinon of health care.The second part is the scope of medical impart information.It discussions the performance way.For elements of infringement of tort liability are analyzed. From the proof principle,it points damages that non-performance. It has researched the content of the obligation of health care.The third part is the legislation shortconmings and the problems in practice. It is point form the conent,performace standards and emergency situations.The fourth part points the recommendations of the obligations of the health care from the legislative and judicial aspects. Tries to protect the interests of patients.Insuring the obligation of health care can be realized.