On The Obligation Of Informing Of Physicians

In recent years, the tensional doctor-patients relationship and the increasing medical disputes is a major contemporary social issues. At present, the most important causing of this stituation is that the obligation of informing of physicans is not stipulated clearly or specifically enough in our curent laws and regulations which is hard to guide judicial practice.This thesis attempts to study on the informing of physicans by combining with contries'theories and precedents of it in order to provide reference for improving legislation and enlitghting physicans which will promote the communication between doctors and patients, protect the patients'right of acquaintance ,establish the health and harmonious doctor-patients relationship and promote social progress.This thesis is divided into three parts:The first part summarizes the basic theroy of the informing obligation.It introduces the the connotation, analyses the parties, expounds the ethical and theoretical basis, discusses the legal nature through combing with various theroies and the legal value in three aspects.The second part discusses the scope, the standard and the exception of the informing obligation.Furthermore,this part mainly discusses the problems in our physicans'practice on fulfilling demonstrative obligation and enumerates various cases and theroies,and then put forward the relevent proposals for reform.The third part mainly analyses physicians'legal liability of violation the obligation.In this part, the thesis analyses the choice between the liability for tort and the liability for breach of contract.And then it expounds the constitutive requirements of the liability for tort including illegal activities,facts of damages,relation between cause and effect and fault.At last, analyses the extent of compensation on the baisc of constituting a tort,and the distribution of burden of proof.