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A Legal Reflection On Patient's Privacy In Doctor-Patient Relationship

Posted on:2007-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LaiFull Text:PDF
GTID:2166360212472481Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The patient's privacy right shall be protected as a personal righto However, during the medical treatments and medical teaching activities ,the incident in connection with the violation of patient's privacy right occurs from time to time, it enjoys great significance to give patient's privacy right the legal protection.With the theoretical foundation of the privacy rights, the article inspects the definition, content and legal character of the patient's privacy, and then demarcates its legal nature。 By carefully analyzing the character of the assault acts the doctor gives on the patients, the article discusses the legal factors of the interfering , it includes four factors: the hospital 's action that interfere the patient's privacy is illegal; the action engenders damages; the hospital has the subjective fault; there is undoubtedly causality between the interfering action and the damages。 By thorough inspecting the acts of intermeddling in patient's privacy rights by the doctors, the article suggests the liabilities that the tortfeasors shall bear, it focuses on the civil liabilities, it includes five forms: ceasing the infringed action, recovering previous, removing the effects, apologizing, and giving the compensation, and the remedy method mainly focuses on the compensation of the spirit damage of the patients。The essence of the conflict of the rights is the conflict of advantages。 The conflicts between the doctor and the patient are mainly focuses on two aspects the right to know society of public and the patient's privacy right ; the right to know of the doctors' and the patient's privacy right。 The article tries to assort with these two conflicts , in order to protect the patient's privacy。At last, the article inspects the actuality of the legal protection of the patients' privacy in different countries and areas, and analyzes the reasons why there are legal deficiencies and powerless protection, and gives some suggestions on how to protect the privacy right of the patient by the law, the hospital and the patients themselves。...
Keywords/Search Tags:the relationship between the patient and the hospital, the right to privacy, the patient's privacy right, liability, legal protection
PDF Full Text Request
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