The Physician's Apprize Duty And The Patients' Rights To Know

The apprize duty means that the physician must illuminate the patients sicken status; treat methods and the danger with treats. The right to know means the patients has the right to know him illness, and accept or reject treatments that physicians adopt. It materializes the process that the physician and the patient understand each other, communication and trust each other. Being judicial personnel, I notice the right to know protection has become a hotspot problem in medical disputes. When hearing such cases, courts face difficulties about legislation and legal practice. It is important and necessary to research the apprize duty and the right to know. For exploring such problems, I wrote the paper.Although there is dispute between the physician' s apprizing and the patient' s right to know in theory, it definitely stipulates that the physician' s apprize duty and the patient' s right to know which regulated by law and pronouncement. The existing law, e.g.《medical treatment accident disposal statute》,《medical institution management statute》,《professional physician law》, has such kinds of stipulations. But there are two problems in law application: be short of regulations about the duty and the right; be conflictionanduncertainty in law application. Exhibits in: lack of applicability of regulations about the apprize duty, inconsistent of the scope of the regulations about right to know, inconsistent of the regulation about the main body of right.The paper discusses the physician' s apprizing and the patient' s right to know at large, analysis the legislation actuality and the law application, make suggestion on legislation. The paper has three chapters.Chapter one discusses the meaning, advance, character of the physician' s apprize duty, regulation about the duty and fulfilling of the duty in our country. Point out imperfect of regulation and related problem of regulations minus, conflict and uncertainty.Chapter two discusses the meaning, advance, character of the patient' s right to know, regulation about the right and exertion of the duty and the relationship between the duty and the right. Also discusses the tort of the right and the exception of the right.Chapter three discusses the necessity of regulating the relationship between the physician and the patient; give legislation suggestions about legislation style, basis structure and contents.Though full study of the duty and the right, it is hoped the there is help for the legislation about the physician' s apprizing and the patient' s right to know.