Informed Consent Of Patients System

The informed consent right of patients is the right by which sufferers decide thechoice of the diagnosis and treatment measures to be adopted by medical staffs,when they are told about medical information during the medical treatment. Thecore of this right lies in that it requires medical staff respect the right to informedconsent and the right to make decision of patients while providing optimummedical treatment plan. Recently, lawsuits about infringement of informed consentright have been becoming more and more. However, as this issue has not yetattract enough attention in legal circle, the present research is of practical andtheoretical significance. In addition to the introductory remarks and the concludingremarks, the writer is to illustrate the informed consent right in three chapters.Chapter one deals with the fundamental theory of the informed consent right.The writer first illustrates the concept and characteristics of the informed consentright, then expounds the particularity of this right in the medical practice from theperspective of the legal character of informed consent behavior. The writerbelieves, sufferers' behavior of exercising the informed consent right is quasi legalact rather than legal act. Finally, the writer elaborates medical ethic foundation andvalue foundation of the informed consent right after tracing its historical evolutionand present situation.Chapter two deals with the framework of patient's informed consent right. Thewriter mainly analyzes the framework of patient's informed consent right from theperspectives of the subject, content and remedies of right The Subjects of patient'sinformed consent right are patients. Its subjects of duty are medical parties. Thereexists the agent exercise of right for the patients with non-complete civil capacityor who are unable to express their ideas. The remedies of patient's informedconsent right involves determination of negligence, forms of damages, causalityand compensation.Chapter three deal with improvement of the patient's informed consent rightregime. Though patient's informed consent right has been established by the lawsand regulations in point, the articles concemed are sporadic and lack ofmaneuverability. In medical practice, the traditional paternalistic medical ethic is still prevailing. There are a lot of misunderstandings about the patient's informedconsent right. The implementation of patient's informed consent right is not idealin practice. The contradictions between doctors and patients are becoming acute.So the writer puts forward legislation suggestions from the point of view oflegislation improvement and idea innovation.