On The Duty Of Medical Doctors Informed Of The Contract

Professional-patient relationship is an important legal relationship in contract law. Because our medical laws and regulations have faults, and our people had been effected by tranditional concepts, such as doctors conduct mercy and benefit, there is less legislations on medical law, and there is no clear regulation on responsbilities of doctors, when they breach the duty of informing, all these lead to the patients could not get conpensation.This thesis discussed Doctor's duty of informing by the method of comparing,the purpose is to attract scholars and practices to discuss this problem widely and throughly,then make our laws and regulations in this respect more better, and then to protect patients throughly and meticulously.At first, the writer introduced doctor's duty of informing, went back to the history of doctor's duty of informing, compared and analysised several Professional-patientrelation models, in the conclution of the contract model in accord to essence of Professional-patientrelationship, and this model can protect the benefits of patients most.Secondly, this thesis compared and analysised legislations and judical cases on doctor's duty of informing both in our contry and abroad, and the in conclution of main content of doctor's duty of informing, expections of the duty, and the responsbility of breaching the duty. At last, this thesis analysised present legislation on doctor's duty of informing, and proposed several suggestions on the basis of sucssesful experience of other countries.The characteristics of this thesis are:1 Using the method of comparing.Compared and analysised the Doctor's duty of informing in both common law countries and civil law contries, in order to find a more comprehensive, meticulous scoup of Doctor's duty of informing.2. The thesis focus not only theritical reserch, but also analysised cases, the purpose is to make the verification more scientically, more rationally and practically.