| The right of patients' informed consent is referred to them know the medical treatment and accept it. Detailed account of this concept, when doctor is carrying on surgical operation or other medical treatment to the patient, they should offer medical treatment project to the patients, tell relevant risks to them, and then get consent basis on this. The current domestic and international academic circles hasn' t yet become a conclusion to the research of this problem, internal current laws have not provided enough definitely concrete of this right. This is the important reason causes to doctor-patient dispute increment.In this article, we use comparison method and literature search method to research the right of patients' informed consent. In addition to the preface and conclusion, the full article is divided into three chapters.The research to right of patients' informed consent is important to establish right and obligation between doctors and patients, also to resolve doctor-patient disputes. Currently, the domestic and international academic circles have many standpoints of this problem. This article, takes the angle from ethics and law, and combines the medical treatment practice to carry on research to this problem. We hope to provide some suggestions to academics and lawmaking.Chapter 1 is summarized to the right of patients' informed consent. The right of patients' informed consent is established and developed from late of 1950s by the prejudications of the United States. The social backgrounds of the right of patients' informed consent formatted involve: (a) human rights move, consumer right move and the development of patient right guarantee; (b) The response to objection of doctor-patient relation and medical system bureaucratic; (c) The transformation of medical mode from the biomedical mode to bio-psychology-social mode. After Nuremberg Code put forward the concept of informed consent, the relevant international organization and many nations and regions pass lawmaking to protect the right of patients' informed consent. The right of patients' informed consent containment involve the right of to know and the right of consent. The right of patients' informed consent has an essence attribute that is the right of personality, the basic nature of human dignity, and is a kind of basic human rights.We discuss the realization of the right of patients' informed consent our country in chapter 2. There are many problems in the lawmaking of the right of patients' informed consent in our country. To fulfillment the right of patients' informed consent in the medical treatment, it involves two aspects: realization of patients' informed consent and implementation of doctor's apprizing obligation, but all still existed many problems.In chapter 3, we debate how to perfect the right of patients' informed consent protective. At the ethics aspect, we should rule doctors' apprizing obligation. The hospital should enforce information service, and do efficient communication with the patients. They should fulfill apprizing obligation in every parses. At the law aspect, we should draw up the specialized patient right law, definitude t the right of patients' informed consent, and perfect protective range and realize procedure of the right of patients' informed consent. At last, summarizing whole article, we put forward a suggestion for our country related lawmaking, and suggest establishing specialized the law of patient right. |