Protection On The Right Of Patient's Privacy

The Right of Patient's Privacy is one of a personal right which should be protected in the modern society. However, during the medical treatments the incident in connection with the violation of patient's privacy right occurs from time to time. One reason is that the patient's privacy right be feasible to be violated because of the distinctiveness of medical treatments, the other reason is that the public wrongful view about the protection on patient's privacy right. As a result, the conflicts between the two parties occur frequently.For relevant theory that patient's privacy right is concerned with, problem still has many fuzzy knowledge. With the theoretical foundation of the privacy rights, the article inspects the definition, content and legal character of the privacy rights, and then analyzes the definition, content and legal character of the patient's privacy right combined with the privacy rights. In the case that the patient's privacy right is violated, both the liability for tort and liability for breach of contract can be applied to remedy, but the latter will be reasonable. Because the distinctiveness of the relationship between the doctors and patients, the writer consider that the legal factors of the tortious act, except four factors that general tortuous act often have, should also includes the factor of liability of subject, the medical personnel who diagnosis and treat the disease directly.By through listing the states of violation of the patient's privacy right, the article analyze the main reason is that the legislation and hospital exists defect. Our civil law didn't stipulate privacy right as a personal right independently, but attached it to the protection of right of reputation. In addition, the inferiors condition of medical treatment and shortage of medical personnel's consciousness to protect the patient's privacy right also increase to the situation.Though the patient's privacy right should be respected and protected, in the case that patient's privacy right conflicts with other relevant rights, according to the principle of derogation, this right should be restricted to some degree. The article discusses how to resolve the conflicts between patient's privacy right and the doctors'right of information, the public interests of society, the right of the third part specifically.At last, the article gives some suggestions on how to protect the privacy right of the patient. First, to clear the standard of deciding a tortious act and to support the patients'request of compensation for mental hurt. Second, the law should stipulate the privacy right directly instead of attaching it to the protection of right of reputation. Third, the medical institution should to make better and construct harmonious relationship between the hospital and the patients.