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Study On The Patient's Right Of Informed Consent In Medicine

Posted on:2008-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:C X GuoFull Text:PDF
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In recent years, there are more and more medical disputes which are not easy to be settled. The reason of the phenomenon involves many respects, but the lack of informed consent of patients is one of the important reasons.The right of informed consent is one of the basic rights of patients in the medical activities. With the development of society and medical science and the increase of patient's knowledge of their rights, informed consent, as a patient's right and a rule obeyed by medical personnel, has been paid great attention. However, the true realization of patients' informed consent depends on the performance of notification by the medical personnel. As a right of patients, informed consent is beneficial to not only patients but also the medical personnel. To respect the right in the medical practice help the medical personnel to realize their responsibility, to specify the scope of the right and to reduce or avoid conflicts between patients and the medical personnel. The paper discussed the necessity and contents of respecting patient's right of informed consent and how to implement it specifically.The legal institutions about the protection of the right of informed consent in our country perform active function on protecting patient's legal interests and help promoting the establishment of harmonious relationship between doctors and patients. It helps to prevent the medical personnel from abusing their power. But, there are still some deficiencies in these legal institutions, such as the subject of the right, the content and the legal safeguard of the right. Therefore, the legislative organs should strengthen legislative work and perfect the legal institution of the patient's right of informed consent.The purpose of informed consent is to protect the legal right of the patients effectively. However, the purpose can't always come true, which results from the problems brought by kinds of factors of both subjectivity and objectivity. At present there exist many problems in our country in the actual realization of informed consent. The paper suggests some corresponding solutions for these problems. For example, patients and their folks are all principal parts of informed consent, but the range and style of performance of the right are different. The paper suggest that when there is contradiction between patients and their folks, the patients should be respected and their interests should be protected before their folks so as to avoid conflicts between the medical personnel and patients.Informed consent is an important part of the content of the legal relationship between the medical personnel and patients. Medical institution and staff should pay attention to the relevant law of informed consent and its relevant responsibilities in medical activities. In order to implement informed consent effectively, many measures should be carried out. There are numerous difficulties and obstacles for the patients to exercise their right of informed consent. To learn about this fact will shorten the time of reaching a social agreement that it is the medical staff's duty to notify patients of their real conditions.
Keywords/Search Tags:Patients' rights, Informed consent, Medical action, Obligation to inform, Medical disputes
PDF Full Text Request
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