Patients Informed Consent

In the physician-patient relationship, patients enjoy a wide range of civil rights, including the right of informed consent throughout the health care activities has always been, in the patients with the right to occupy the central position of the system. Informed consent means that patients have the right to figure out that he was related to medical information, and on this basis to be taken to the medical staff be independent of medical treatment decisions. It is an ethical principle that it is also a legal rights. In some Western developed countries, the right to informed consent in patients with early attention, and the relevant legislation, but the rights have been widely accepted and has also undergone a long process, but also there are many issues still in discussion. In China, a long time, patients will pay more attention to the informed consent of family members, and I am also accustomed to patients, few would question that, and few people advocate the rights of their own patients. With the establishment of a market economy and the development of health care reform, patients in the growing awareness of the rights, physician-patient relationship from the patriarchal model of patriarchal model toward a consultation on an equal footing, in patients with more and more attention to the exercise of their rights and protection. Adapt, our health care legislation from the legal level, gradually established the rights of patients with this important. But the same token, in our country the right to be widely accepted and implementation also need a very long process, in this process is bound to give rise to various conflicts, Chinese legislature the face of these conflicts, should continue to integrate the national and practical experience and improve coordination.The full text is divided into four parts.The first part is the right of informed consent in patients with basic theory. First analyse the concept of informed consent, the nature and significance are introduced, patients with informed consent is a communication between patients and doctors to discuss, and then based on the value of self-interest for the judge to make the medical decision-making process. Then reviews the informed consent of the birth and development of the right patients the right to the concept of informed consent from the Nuremberg trials, the case established by the United States and developed, and has gradually formed the modern sense of the theory of informed consent of patients. And then through the presentation of foreign and Taiwan region of Chinese right to informed consent of the relevant provisions of foreign countries not only allows us to understand the relevant legislation, but also help us to leam from the experience of legislation. Finally, to explore the fourth chapter of the patients in our country the right to informed consent and the legislative status of the formation and development, mainly on the informed consent of patients in our country the right to development and the current medical awareness of laws and regulations are introduced.The second part is the patients right to informed consent of the subject and the content of this part of the informed consent of patients the right to separate the two aspects described. First introduced the patients to know the main, object and content. The patient's right to know the main patient himself, in exceptional circumstances, patients may be the legal representative or agent on behalf of the exercise of the right to know, but the main body of the agent is not the right to know. The object of the right to know the patient should be informed of specific medical information, including the right to know the contents of two aspects: knowledge and understanding, this is the right of patients agreed that the premise of the exercise, in the knowledge and understanding of the basis of voluntary consent is made effective consent. Then examines the main body of patient consent, object and content. Agree with the main body of the right of the patient himself, the guardian and the agent agree that the right can be exercised on his behalf. The object of consent is provided by a doctor the specific health care measures, and the content is based on the patients informed of the medical statement made, including the right to accept, or reject the right of the right to choose.The third part is the right of patients to exercise informed consent is the full text of re-introducing the exercise of the main and effective elements of the way of the exercise, the exercise of some of the related issues and our country the right to informed consent of one of the most commonly used - surgery signature system. In the exercise of the right to clear the main body of the patient himself, but the main exercise has included patients, legal representative and agent. Effective exercise of the right to informed consent requirements, including a doctor to make the note obligations, have agreed to a voluntary capacity and autonomy of the agreement, only with these conditions, the patient to make medical decisions, I only have a real effect. The course of the exercise of the rights of patients also have to involve a number of issues, including informed consent of the main elements of an effective, that is, have agreed to the capacity of the main; in the exercise of an agent on behalf of, the focus on a number of foreign advanced medical Deputy Legislative experience the provisions of China's lack of medical agent provided the experience of learning from them; on the exercise of informed consent also limits the circumstances described, stressing the exceptional circumstances, the discretion of doctors. Finally, the exercise of informed consent of our typical form - signature system operation, the operation details of the meaning of the signature system, the legal effect and operation on behalf of patients to sign informed consent and the right to conflict of laws and coordination.The fourth part is my right to informe consent and improve the inadequate legislation. First of all, pointed out the inadequacies of our current legislation, there are two problems: lack of informed consent on the patient's basic law and the existing legislation, the existence of conflict and uncertainty. And then put forward specific recommendations to improve from two aspects, first, the legislative structure of the sound, it is proposed to enact a "Law on the Protection of the Rights of Patients"; The second is to improve the content of such legislation, mainly in order to solve the current legislation that exists in patients with informed consent to protect the existing uncertainty and conflict between the laws and regulations.