The Research On Infringement To Informed Consent Right Of Patients

As the increasement of dispute between doctors and patients, medical malpractice caused by infringement to Informed Consent Right of patients and other related issues like medical liability has attracted more people's attention. Recently, the Tort Law has clearly defined that patients could enjoy the right of informed consent in the medical treatment. The physicians should tell the patients their condition and explain the medical measures to them. If the patient need to get surgery or some other special inspection, the doctors should illustrate the risk, the alternative health care programs and other issues to them. This is undoubtedly a landmark in the field of medical tort law. But in the research area in China, the discussion on this issue has not yet a lot. We need to establish and develop the theory of the right of informed consent of patients in our country with legal protection system, and to balance the relationship of rights and obligations between both parties.This paper is divided into four chapters:Chapter 1 The overview of the theory on Informed Consent Right of patients. This chapter starts from illustration of the content and characteristics of the informed consent right. Detailed informed its conception, evolution, characteristics and nature. Through the introduction of legislation in other countries, elaborate the necessity to establish the system of informed consent rights.Chapter 2 The Elements of Responsibility Caused by Infringement to Informed Consent Right of Patients. This chapter starts from the four elements of responsibility caused by infringement to Informed Consent Right of patients, and analyse the offense, the facts of damage, the subjective fault and the causality between the offense and the facts of damage.This chapter is the basis of futher discussion of the next parts.Chapter 3 The Investigation of some Difficulties on Infringement to Informed Consent Right of Patients. This chapter gives a detailed explanation to a number of issues on the theoretical level. Meanwhile, this chapter also has a discussion on controversy of the infrigement in clinical practice. Chapter 4 The development of the legal protection system of Informed Consent Right of Patients.This chapter starts from the legislative status quo of informed consent of patients. In the principle of protection the interests of patients and balance the relationship between doctors and patients,this chapter raise the means to develop the right of Informed Consent Right of Patients, to improve the legal system of Informed Consent Right of Patients, and to protect the rights and interests of patients more adequately.