On The Right Of Informed Consent Of Patient

The informed consent rights of Patients grows up and develops gradually companying with the development of the human rights and awakening of individual consciousness in the process of change of doctor-patient relationship and the traditional biomedical model.As the most basic right of patient in the doctor-patient relationship, it means that the patient who is receiving medical activities has right to be informed anything possibly about medical information related to patient's rights and interests,in terms of which the patient makes judgment and choice in accordance with his fundamental interests and will under the premise of sufficient comprehension. The informed consent rights of Patients closely related to patient's respect, individual rights and interests plays an important role in protection of patient's rights and construction of harmony doctor-patient relationship. Nowadays, however, there is insufficient protection of the informed consent rights of patients in legislation as well as relevant study. This is just the reason why the author takes it as the thesis. The thesis includes five parts, in addition to preface and conclusion.The first part mainly contains concept of the informed consent rights of patients and different academic views, analysis of cause of the informed consent rights of patients and development in various countries. Meanwhile, the nature of the informed consent rights of patients is discussed in this part.The second part and the third part consist of discussion of exertion of the informed consent rights of patients from the aspects of patient and doctor. In second part, author mainly introduces that both patient and his agent can exercise the right, and scope and restriction on exercising right by agent as well as mode and effective element of exercising right. In third part, author interprets standard of obligation to disclose, content, scope and exception of disclosure in doctor's point of view.The fourth part contains discussion on liability caused by infringing the informed consent rights of patients, in which part author analyzes nature of infringement upon the informed consent rights of patients and framework of liability on infringement upon the informed consent rights of patients.In fifth part, author makes analysis on defects of protection on the informed consent rights of patients in legislation in China in order to offer a proposal to improve our country's related legislative protection in the manner of improving legislation and content of protection on the informed consent rights of patients.Through discussions on mentioned study on the informed consent rights of patients, author expects that this thesis can be helpful to improve this legal system to protect patient's rights and build a harmonious society.