The Protection For Patient's Rights

Study on patient's rights should get in touch with the particular and present social condition. According to our country's condition, this article explains the conception of patient, and doctor-patient relationship. This article wants to provide the jurisprudence explaining to the protection of patient's rights.And then we want to establish the mechanism of the protection of patient rights .the patient's rights are easy to suffer invasion. There is vital important meaning to take the protection of patient's rights seriously.There're 4 chapters in this article. In the first chapter, the conception of"patient"is analyzed in 3 aspects: on medical science, on sociology, and on legal science .There is different emphasis in different subject. On medical science, the conception of patient emphasizes illness. A patient is someone who is suffering illness on physiology or on psychology. On sociology, the patient is a person who wants to seek medical advice and cure. As a matter of fact, the patient is a character in society. In this article, the author introduces the new category to the conception of the patient. This category is"rights". There are three reasons to this new conception of the patient. Firstly, rights is the foundational category on legal science; Secondly, rights is the contention between the legal science and the practical society; Thirdly, the patient's rights are in the vulnerable condition. Usually, they advocate their rights difficultly.In the second chapter, this article analyzes the concept and the character of doctor-patient relationship. The patient is a member in social relationship. When someone turns in to a patient, there are many changes in original social relationship. The more importantly, doctor-patient relationship adds to the original social relationship. In this article, the author analyzes the new feature of the doctor-patient relationship. Then, it defines doctor-patient relationship as civil legal relationship among the equal subject. The special character in the civil legal relationship illustrated:â…°, the patient choose hospitals or doctors, they have not enough resources to choose, and they are involuntary.â…±, the medical science is a special field, the patient have not enough information. This makes the patient and doctors unequal.â…²The content of the doctor-patient relationship is not unchangeable. The illness will change continuously.â…³,many medical laws are punlic laws.In the third chapter, this article explains the foundation of the patient's rights and illustrates the justification of the patient's rights. Firstly, the author explains the ethical analysis of rights. And the deontology is a soft deontological theory for the purpose of the article which means that every behavior or claim with moral value and on the ethical foundation be based on two ethical principles. The principle of respect for persons is the most important principle and it admits and respects the value and freedom of human being mostly. The principle of effect is also can be the foundation rights because that it is right to make good efficiently, but it must be secondary and under the principle of respect for persons. Patient's rights are based on the two ethical principles. Furthermore, the development of patient's rights is influenced by human rights. This article explains the system of the patient's rights. The system of the patient's rights include: civil rights, the patient's rights originated from doctor-patient relationship. When people get in to doctor-patient relationship, the patient's rights include the foundational rights and the subordinate rights.In the forth chapter, the author discusses how to establish the mechanism of the protection of patient's rights. The protection of rights includes legislation and judicature. Firstly, this article explains the condition of the legislation of foreign country and our country. Based on that, this article discusses the principle of the patient's rights legislation. The principle includes social justice, the life's value, and the unity between rights and duty. For the judicature, the article illustrates the condition of our country. Then, it says that our country's judicature should care for the patient, because the patient is the social vulnerable group. We should care for patient's rights which is should be succored.We also should provide law aid and superviser mechanism to the patient. For that the patient will get enough succor.Furthermore, the reform of the medical mechanism is necessary.