On Physician's Duty Of Informing

According to interpretation of Scholar HUANG DingQuan, physician's duty ofinforming are liabilities that a doctor tell patients about their pathological symptom,treatment, danger comply with treatment and other liabilities. Execution of physician'sduty of informing is premise of actualization of patients'right of informed consent.Studying on physician's duty of informing is beneficial to protection of patients'rights,reasonable resolution of medical disputes and establishment of harmony doctor-patientrelationship. Based on such knowledge, this thesis makes systemic study on doctor's dutyof informing. Except introduction and conclusion, this thesis is divided into four parts.Part one is the basic theory of doctor's duty of informing, which introduce relativeconception on physician's duty of informing and patients'right of informed consent;through retrospection of forming and development path of doctor's duty of informing,it isrecognized that forming of physician's duty of informing is relative with transformationof mode of doctor-patient relationship; nature of physician's duty of informing isdetermined as legal obligations; comparing with several criterions of doctor's duty ofinforming, it is considered that dual criteria of a reasonable doctor and concrete patientssuite to China's actual conditions.Part two is constitution of doctor's duty of informing. Different laws in China havedifferent stipulations on the subject of doctor's duty of informing,which consist ofdoctors, medical persons and medical organizations; different laws in China also havedifferent stipulationson objects of obligations,which consist of patients themselves, their family numbers and related personsï¼›content of physician's duty of informing is listed;combining with cases, exception of physician's duty of informing is discussed.Part three is legal liabilities of violation of doctor's duty of informing. It isconsidered that civil liabilities of violation of physician's duty of informing areresponsibilities for the violation. It analyzes in detail four elements such as illegalactivities, facts of damages, relation between cause and effect and subjective fault.Detailed discuss is made on extent of compensation for damages of violation of doctor'sduty of informing. For one thing,extent of compensation when no medical damage iscaused by medical activities of violation of physician's duty of informing without otherfault of a doctor; for another, extent of compensation when some medical damage iscaused by medical activities of violation of physician's duty of informing without otherfault of a doctor. Finally, Excusatio of violation o fphysician's duty of informing isdiscussed.Part four is perfectness of legislation on doctor's duty of informing, whichintroduces survey and limitation of legislation on physician's duty of informing in China.It put forward legislative proposal on doctor's duty of informing, including that a civil lawadjusting doctor-patient relationship is stipulated by the National People's Congress;legislative technique is improved to avoid deficiencies of disunion of laws; extent andexcusatio of physician's duty of informing is stipulated in detail; it is obviously stipulatedcivil liabilities for compensation of violation of doctor's duty of informing, subject ofrights and obligations of liabilities for compensation, extent and modes of compensations.