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Analyze Patient's Right Of Privacy In The Clinical Practice Of The Medico

Posted on:2009-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:T YanFull Text:PDF
GTID:2166360242987630Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a fundamental right of the patient, patient's right of privacy has already been established in the legislation as patient's right of western countries. But, the law of our country has not used the concept of patient's right of privacy clearly . The regulations which protect patient's personal secrets appear in various kinds of laws about medical and health dispersedly. Even so, some cases taking place around patient's right of privacy in reality make us can not unconcerned about patient's right of privacy. In the clinical practice of the medico, patient's right of privacy is the question that we have to face straightly even more.After analyzing the concept and the legal goal of patient's right of privacy, the article compared the values between patient's right of privacy and several rights conflicting with patient's right of privacy, and analyzed limits of patient's right of privacy. Combining theory with the situation of the clinical practice of the medico, the article analyzed the medico's behavior which infringes patient's right of privacy and proved the situation in which the patient's right of privacy should be limited. Under the existing legal frame, the author gave some suggestions to settle the contradiction between the clinical practice of the medico and patient's right of privacy.The article divides five chapters altogether besides introduction and conclusion.The introduction has proved mainly that the clinical practice of the medico has conflicts with patient's right of privacy and dissolved the meaning to settling the conflict.Chapter one explained the meaning of patient's right of privacy. The concept of patient's right of privacy has been drawn. The main contents of patient's right of privacy include: Secret right of patient's information, patient's personal right of privacy of space, peaceful right of patient's private life.Chapter two explained the legal goal of patient's right of privacy. The article protected that the development of patient's right of privacy is favorable to medical science and relationship between doctors and patients.Chapter three explained the restriction of patient's right of privacy. According to the theory weighing the interests, the article has analyzed separately three kinds of interests which conflict with patient's right of privacy.Chapter four analyzed the medico's behavior which infringes patient's right of privacy. The author presented that the medico may carry on the clinical practice only with patient's agree. And the situations are different between the affiliated hospital and the hospital else.Chapter five described the concrete solution to settle the contradiction between the clinical practice of the medico and patient's right of privacy.The conclusion has summarized the main view of this article.
Keywords/Search Tags:Right of privacy, Patient's right of privacy, The clinical practice, The interests weighing
PDF Full Text Request
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