Study On The Informed Consent Of Patients

In this paper, informed consent of patients for the study, with judicial precedent, focus on the exercise of informed consent of patients in our problems in practice. And tried legislative and institution building from the perspective of protecting the right of informed consent proposed program.This paper addition to the introduction and conclusion, divided into four chapters.The first chapter, an overview of the basic right of informed consent theory. Informed consent by combing from scratch, from a moral right to become a legal right to process, in the analysis, on the basis of their views, interpretation of informed consent of patients and extend the basic concept of informed consent of patients should have the elements. This is also the focus of this chapter. Expounds the informed consent for patients with both medical and right and the doctor-patient relationship in the far-reaching significance. Compared to abroad, although our country for medical service domain law basic theory of the later start, through comparing the legislative situation at home and abroad, Intuitive in legislation that for patients in China the attention of informed consent rights.In the second chapter, the subject of around right exercise, exercising mode, right implementation, power restriction, with China’s laws and regulations and the domestic and foreign academic circles in China has been informed consent academic views exercise right thorough analysis is discussed,and the author’s own opinion.In the third chapter, combining with the right infringement informed consent, judicial precedents. Made in the exercise of the right of informed consent process occurred in our practice, in right of alienation, the scope is unclear who took the agreement to inform the process a mere formality, this content is not standardized, emergency situations and other issues is not clear, Make patients informed consent rights aren’t able to fully protective of the right to life and health of patients themselves role. On the basis of questions, the author tries to from the legislation and the perspective of right remedy for patients with the execution of the right of informed consent in our country legal cause problems. It is also the key in this paper.The fourth chapter, the perfection of informed consent rights patients. Based on the third chapter of informed consent for patients in our practice right of the problems and legal reason analysis, the author tries to some Suggestions about how to perfect the protection of the right of informed consent of the patients with solutions.This paper attempts to in the research methods and solutions choose somewhat on innovation. In the research methods, according to the author by master of literature material, informed consent for patients exercise right in our country’s problems using simple way of describing listing; the author of the health service industry with existing industry practices and judicial practice iolite patient cases of informed consent rights in China, expounds the problems in practice. In to solve problems, the author is not completely ruled out current law, in the basic law system construction process, we can through revising current laws and regulations, promulgated judicial interpretation of doctor-patient relationship means such as ease conflict.