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A Study On The Patient's Right Of Informed Consent

Posted on:2010-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2166360275460837Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The patient's right of the Informed Consent came in to being and devolped with the human-rights movement,the change of the physician-patient relationship,and the transition of medical mode.From the initial behavior,to become a medical ethics rules,and then after World Warâ…¡"Nuremberg Code" in the bud right to Informed Consent,it is recognized and protected by more and more countries.For a long time,our country's health care legislation and practice are biased in favor of doctors,medical institutions,instead of protecting the patients'rights,which is leading to more and more disputes between the physician and patients.In this paper,an overview on the patient's right of the Informed Consent will be talked first,then from an ethical point of view and clarify the legal point of view of its emergence and development context,analysis of the Informed Consent of the right institutional framework,the final combination in patients with informed consent of our country the right of the legislative status quo,drawing on other countries the right to Informed Consent in patients with legislative experience and practice,Informed Consent of our patients with the right system for a number of proposals to improve legislation.Exept the introduction and conclusion,the full text is divided into five parts:The first part is an overview of the patient's right of the Informed Consent.This section describes the theoretical concept of the Informed Consent and its development.Informed Consent refers to the literal meaning was told at the premise of the relevant circumstances to express the meaning of consent.Specific areas of responsibility to health care means that physicians in the medical treatment of patients should be on the medical treatment program, medical risk,as well as other measures to be taken into consideration to make a detailed description of patients,and on this basis to obtain the consent of patients.However,in view of medical activity involved in a number of medical acts,this article focuses on patients,such as in an invasive surgery,and so on with the examination,treatment activities enjoyed by the right to Informed Consent.Sectionâ…¡of this part is the origin of this right,and from the perspective of ethics and the law on Informed Consent in patients with the right course of development,focuses on the patients' right of Informed Consent in the United States, Germany,Japan and Taiwan of China history of the development of the region. The second part mainly discusses the duty of physician's explanatory,which is the most important part of this article.First is an overview of the obligations of physician's note,and analysis the legal nature of the physician's duty,consider that the obligation of physician is not the part of the medical contract,but the statutory duty of physician.Subsequently analysis the specific obligations of the duty,including the subject,type,specific content criteria of the obligations,as well as exceptions.About the subject of the obligations,our country has not made the law specific provisions.In my opinion,here the "physician" are collectively referred to as a concept to use.The description of the types of obligations and specific content,should learn from other countries and regions on the basis of classification standards,combined with our country's current medical practice.The standard of obligations of physician,according to the theory of division of Japan has four categories:a reasonable physician standard,a reasonable patient standard,patients with specific standards and the two-prong test.In the above standards after assessment of the merits of the author's view that the practice of medical theory and legislation have been trying to medical benefits and patients find the best balance between the points in the hope that not only protect the interests of patients,but also not to impose excessive medical liability side,and "two-prong test that" a good reflection of this combination.Patients with the standard position stood up,a more comprehensive consideration to the interests of patients and doctors can effectively prevent arbitrariness,there is actually a better interoperability.Finally,at the end of this part,several exceptions to the obligation of physician is to be discussed.The third part is about the consent of patients.First of all,point out that the patients agreed to the importance of capacity and that should be based on whether or not the meaning of recognition as the ability of patients with any agreed criteria to determine,at the same time an analysis of the impact of our country's ability to identify patients with a number of factors. Followed by an analysis of patients agreed that the main body and the exercise of the right way at the main aspects of consent apart from my patients to exercise,the reference to "on behalf of consent",and described separately.Patients agreed to introduce at the exercise of the right approach,consider the form of patient consent should be determined based on the medical content,for there is a certain risk of possible adverse consequences and dangers of the examination and treatment,or due to special or physical condition of patients in critical situations such as possible on the patients with adverse consequences of the examination and treatment,clinical trials,such as examination and treatment should be in writing,and for the general examination and treatment,the oral consent or implied consent will be ok.The forth part elaborates the civil liabilities of violating the patient's right of informed consent.This part takes up its property,structure and damages.In this case,there is overlapping between the contract duty and the tort duty.This article analyses it in perspective of the violator's duty Adopting tort duty is of greater advantage to the patient on the basis of current legislation so as to protect the patient's right.The main body who has the right to be compensated in terms of violating the patient's right of informed consent is the patient,his close relatives and foster family,while the main body who has the duty to compensate is the medical constitute or the owner of the private clinic.The last part is about our country's relevant legislation,the practice of analysis and recommendations.First of all,an introduction of the legislation and practice of the status quo related to our country is described,and then point out the defects in the legislation at present in our country.According to the defects in the legislation,the author put forward several suggestions in the end.Such as completing the Legislative style,it is proposed to draw up a special "Law on the Protection of the rights and interests of patients",clear the rights and obligations of both physician-patient relationship,and the patient's right of Informed Consent will be included to protect the rights of patients and the physicians.
Keywords/Search Tags:the Patient's Right of Informed Consent, the Doctor's Explanatory Duty, Reasonable Physician Standard, Specific Patient Criteria, the Ability of the Patient's Agreement, On behalf of Consent
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