Font Size: a A A

Patients Informed Consent Theory

Posted on:2005-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y X CaoFull Text:PDF
GTID:2206360125970286Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Informed consent is the most basic and key right of patients. The protection of this right plays important role in balancing the relationship between practitioners and patients. The doctrine of informed consent may have been derived from the 《Nuremberg Code》 which required that practitioners obtain the voluntary informed consent of the subject prior to conducting medical treatment and experimentation. The court of U.S.A implemented the conception of informed consent in 1957 at the first time while sentencing a case, which has followed and adopted since then. Although there are some stipulations of informed consent in China, they don't completely inherit the core value of the conception. In this paper, the author explains her views on some controversial theories of informed consent by the academia.The first section, the author defines the informed consent. After analyzing three present theories of informed consent, the author adopts the broad sense conception and discusses that informed consent consisting of the practitioners' obligations of disclosure and the patients' consents. She illustrates the following issues, such as who should be responsible for the disclosure, the range of the disclosure, the affairs that should be focus on the disclosure of different types, the capacity to give consents of the patients, and the voluntary consents principal, etc. She also analyzes who should play agent role for the patients once three conditions happened. Such as, they are the minors without capability for consents, the minors having part capability for consents, or the adults without capability for consents. Then the author particularizes the exceptions to the informed consent as followed: the therapeutic privilege, the voluntary abandonment by the patients, the common sense of the patients, and the exception law. She also introduces some standards of informed consent in other countries and recommends the standards that could be adopted in China.On the second section, the author analyzes some conflicts between informed consent and other civil rights. In terms of the conflicts between the informed consent and the trade secrets of the practitioner,the author considers that the practitioners need not disclose the core technology so that the arrange of the informed consent should be limited. She puts forward three advices based on legislation and ethics in order to poise the conflicts between informed consent and the defensive medicine principle. As to the conflicts between informed consent and the?rights?of?life?and?health, also the author discusses on the assumptions of refusing treatment by the patients who intend to commit suicide, common patients, and the agents.The third section, the author discusses the tort?liability of informed consent. The constitutions of informed consent involve illegality, damage, causality, and subjective fault. Under those circumstances of the practitioners who through their fault violated the disclosure obligations or performed treatment without patients' consents, which not only causes any loss or perdition of property benefit or non-property benefit but also incurs the damage, they should compensate for the damage. The author also introduces and analyzes some cases, in which the practitioners encroached upon the informed consent and caused the property damage, psychological harms, as well as physical?injury.Finally, the author enumerates some difficulties of informed consent and makes suggestions on how to protect the informed consent better, resulting to solve the conflicts between the practitioners and the patients accordingly and to strengthen the protection of the patients' rights and interests.
Keywords/Search Tags:Patient, Informed Consent, Right
PDF Full Text Request
Related items