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Civil Protection On The Right Of Patient's Privacy

Posted on:2011-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2166360305481638Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of the society not only brings us a high degree of material civilization, but also awakens people's awareness of their rights. The main reason for limiting the subject of privacy right on the patient is because the field of medicine refers to is the individual right to life and health which is the most precious and important part for individual. The medical act is a contravention of patients had to explore the privacy act, coupled with the high-tech nature of the medical industry, making patient information available among the most unequal, medical personnel can easily understand and grasp the patient privacy, patient privacy in the traditional behavioral patterns, under the medical profession, often in violation of the situation. The purpose of this writing, the author is through the patient's right to privacy in today's society are often victims of abuse status and the patients how to more effectively protect their privacy for some sort of hope that the public are able to care, attention, maintenance and closely related to the legitimate rights of its own, especially as vulnerable groups - patient privacy.This article is divided into four parts, and totally 3.4 thousand words.The first part is an overview of patient privacy, from the concept of patient privacy and protect patient privacy and the violation of patient privacy, the value of the main types of three-pronged approach, described what the patient's right to privacy, as well as its importance, especially for modern society in patients with all kinds of violations of privacy behavior of some sort, summarize the main types. Each patient is only able to actively protect their own rights, medical institutions can truly people-centered, respecting the legitimate rights of patients, while the legislative branch be able to adapt to the times called for protection of patient privacy rights and other related laws and regulations, all aspects of co-operation is in order to solve the problem of the protection of patient privacy the issue.The second part assumes responsibility for violations of patient privacy constituent elements. Including the patient vulnerable to violations of privacy reasons, the influence is from the cultural tradition and the medical industry to start their own specificity analysis. The focus of this section is to analyze the composition of elements bear tort liability, including the medical side implementation of a violation of patient privacy violations, there is damage to the facts, the medical side there is a subjective fault, tort and the damage, causal link between the fact that these four elements. Each nationality has own tradition and the custom, ingrained influence social group. Only then from the legal principle theory of law angle understood that each essential factor the substantive content, can pull out from various behaviors to, distinguishes legitimate and the illegal division.The third part is divided into patient's privacy rights and related conflicts and coordination. First, it explains what is the right from and conflict, the patient's privacy with the doctor know the patient privacy and third party interests of the patient's privacy with the public interest, the conflict between these rights and coordination carried out a detailed analysis, trying to find a reasonable of the solution. Because for the protection of any right is not absolute, there should be some limits, when the conflict between the rights of contradiction, we need to find a balance of interests between the two points. This is a difficult writing this article. In the real life, these rights have the conflict situation in your mine side, causes us to be at a loss how to proceed frequently, but anything is not absolute, regarding any right's protection is also not absolute, should have certain boundary, when between the right has the conflict contradiction, we needed to find the benefit between the two balance point, like this could balance each aspect the benefit need, maintained social the harmony and the stability. This part of for this reason article writing difficultyThe fourth part is our legal right to protect and improve the patient's privacy recommendations. From the author's own point of view, it combines the status of legal protection in China to find out effective recommendations, particularly for moral damage comp Each patient is only able to actively protect their own rights, medical institutions can truly people-centered, respecting the legitimate rights of patients, while the legislative branch be able to adapt to the times called for protection of patient privacy rights and other related laws and regulations, all aspects of co-operation is in order to solve the problem of the protection of patient privacy the issue. Our country present concentrates regarding the patient right of privacy's protection in potency low department laws and regulations and so on, from the wholes, carries on macroscopically with difficulty controls, this causes regarding the patient right of privacy protection to carry on effectively with difficulty. The author attempts to analyze the existing stipulation, and proposed that own suggestion, have a benefit by the time to the question solution...
Keywords/Search Tags:Patient Privacy, The Right to Conflict, The Right to Known, Public Interest
PDF Full Text Request
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