On The Infringement And Legal Protection Of The Patient's Right To Know

With the development of medical industry of our country, the improvement of people's right consciousness, patients hope while acquiring medical advice overall to understand their diseases, medical scheme, medical measure, medical result, medical risk involved, then make their own decision by collecting information in detail urge. This has put forward higher requirement to the legal protection of patient's right to know.The basic meaning of patient's right to know is that the patient has the right to understand all the information concerned with his disease and treatment and to freely make decision on whether a medical method should be taken to treat his disease. Because patient's right to know reflects the patient's dignity of human personality and it is the extension in the medical field of right of patient's life and health, Countries all over the world such as U.S.A., Germany, France, Japan, etc. have defined the patient's right to know and range that patient enjoys by the way of law or declaration. Some laws and regulations of our country such as《The Regulation On the Handling of Medical Accidents》,《Law of the People's Republic of China on Medical Practitioners》have relevant provisions to the patient's right to know, however, these laws exist a great deal of contradictions, including the contents of the laws and regulations are not overall, incomplete, the legal provisions are lacked, the legal provisions are inapplicable, so they are not able to ensure overall protect the patient's right to know perfectly.The article directs against realistic state described above, proceeds with concept and nature of patient's right to know, researches and analyzes relevant issues and legal protection.Chapter one mainly illustrates the concept, establishment, and characteristics of the patient's right to know. Chapter two illustrates the enforcement of patient's right to know, explicates the subject, object of patient's right to know, analyzes two ways in which patient exercises his right to know including the patient inquiring voluntarily and the medical organization performing duty of telling, meanwhile, researches the subject, type, standard of the obligation of the doctor's informing. Moreover, the realization of patient's right to know under defensive medicine principle has been elaborated.Chapter three discusses the infringement upon patient's right to know. The author concentrates on such issues as the subject of responsibility, essentials in tort, the nature of behavior, legal responsibility. It's said in this article that breaking the law, damages, causality and fault are the basic components. Meanwhile, compensation for damages, responsibility free etc. are elaborated.Chapter four researches the legal protection of patient's right to know in our country. This part analyzes two main problems in our laws and regulations. First, there is absence of basic law in this field. Second, there are many conflicts and undefined factors in application. Finally, the author makes suggestions on how to protect the patient's right to know better and brings forward feasible solutions.Through the above-mentioned, the author sincerely wishes that her research will be beneficial to the consummation of the legislation on the patient's right to know in china.