Font Size: a A A

The Conflicts And Integration Between The Signature On Operation Consent And The Informed Consent Of The Patients In First Aid

Posted on:2010-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:M N ZhuFull Text:PDF
GTID:2166360275981811Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Informed consent means that patients have the right of autonomy in medical decision-making based on the medical information provided by the doctors. While the signature before operation, that is, the patients or relatives sign on operation consent to show their consent to operation, is usually considered as a civil juristic act. the signature on operation consent guarantees the implementation of patients'informed consent. The act of signature on the operation consent means the realization of the patients'informed consent and the doctors'duty of disclosure. But as the development of social economy and the rise of people's educational lever, people's rights consciousness gets strengthened. Both the doctors and the patients are desire to get the maximum decision power while avoiding responsibility and risks at the same time, which brings the simplification and routinization of the informed consent. Then a ridiculous logic is formed like this: informed consent is equal to operation consent, while operation consent is equal to signature, and signature is equal to responsibility. By following this logic, patients can't fully understand their illness and the related medical scheme by just signing the operation consent, and the embarrassing situation appears. Apparently the problem is when the patients want to perform their power, they find no power given. The essence is the conflict between the patients'informed consent and power. Informed consent has gradually become a principle helping doctors to escape their responsibility instead of safeguarding patients'power. That's why medical tangle increase a lot.Therefore, on the basis of combing theory with practice, this paper suggests applying act of rescue in a creative way, properly performing doctors'power of intervention, improving the function of supervision and decision of the ethnic committee and introducing judicial review system so as to establish the mechanism of expedited review. Thus the patients can get the best feasible suggestion and their rights can be truly guaranteed. Consequently, the medical relationship will enter into a state of positive communication.
Keywords/Search Tags:Surgical Signature, Informed Consent Rights, The Conflict of Rights
PDF Full Text Request
Related items