Study On Obligation Of Informing Of Physicians

Historically, the Obligation of Informing of Physicians developed as the important content of informed consent rights. Informed consent rights in the process of medical treatment is an important right of patient, and doctor's demonstrative obligation as the foundation of realizing patients` informed consent rights has profound theoretical origin of personal rights. To physician demonstrative obligation, however, there are many errors and insufficiences in theory and practice, and so does in legislations.At present, disputes duing to violation of physician demonstrative obligation have been payed attention in our civil law theory and judicial practice. This paper tries to study the physician demonstrative obligation in the angle of Contract Law, and, through analyzing about basic theory of medical contract and the lastest academic achievements of world in medical laws, gives the author`s views and suggestions, in order that it may help the researchment about this issue,and play a certain role in guiding judge practice and promoting the healthy development of the medical industry.This paper is divided in four parts:The first part summarizes the physician demonstrative obligation. Through studying the evolution of model of doctor-patient relationship in society, this paper draws a conclusion that demonstrative obligation is the inevitable outcome of the modern medical relationship, and on the basis of above discussed, analyzes the legal nature of this duty, while demolishing the doctrine of"promise invalid",then ,demonstratives that physician demonstrative obligation is essentially a affiliate obligations of contract.The second part discusses the connotation of physicians demonstrative obligation,including the subject of this obligation, demonstrative object, content, type, scope, the degree and the judgment standard of it, etc. Furthermore, this part mainly dicusses the prominent problems in our doctors` practices on fulfilling demonstrative obligation and the main disputes in theory, introduces foreign experiences, and then,put forward the ideas and relevant proposals for reform.The third part mainly dicusses physicians` legal responsibility of violation the obligation. In this part, the author demonstrates the rationality and feasibility that the patients require hospital to undertake responsibility according to the contract in all the cases that the hospital violate their obligation, and on this basis, analyzes and inductives the damage types, the causality of default, the range of compensation, and the elements of it.The fourth part makes an exploration for promoting legislation on physicians demonstrative obligation. There are lots of problems in current laws and regulations because that it do not make a complete provisions against physician demonstrative obligation and do not form an effective system,which cause medical disputes increasing that is produced for violation of this obligations. These problems mainly include that the provisions is too general, not specific, and not operational, and that the concept is not clearly definited. In this part, the author analyses the present legislation, and gives legislation proposals for improving it, in order that it will produce positive effects on the relevant legislation and improving doctor-patient relationship.