Font Size: a A A

The Execution On The Patients Right Of Informed Consent

Posted on:2013-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:J H XuFull Text:PDF
GTID:2246330362474800Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the background of advocating the construction of harmonious society, thedoctor-patient dispute in our country is getting more and more severe.After analyzing the causes of the dispute, I think, most of which can be attributedto the problem of the security of Patients informed consent rights. Therefore, to easethe tension between patients and doctor effectively and build a harmonious medicalenvironment, people should conduct a discussion to analyze the related aspects ofPatients’ rights of informed consent, summer up the problems in practice and putforward the strategies that can resolve the problems of Patients’ rights of informedconsent effectively.To formulate scientific and reasonable patients’ informed consent right securitysystem and help patients implement their basic rights, this paper argues that firstly,legislative institutions should make certain What is the Patients’ right of informedconsent, because the correct understanding of this right is the prerequisite to exercisethe right. As for Patients’ rights of informed consent, it is mainly refers to that patientshave the right to be aware of their condition as well as the treatment measures. Doctorsalso have the obligation to inform patients of their condition and the treatment programshonestly, which could help patients implement their right better. At the meanwhile,patients could enforce their right of agreeing or rejecting the treatment measuresproposed by doctors on the premise that they comply with the public interests of thesociety and the laws and regulations of the mandatory provisions.In the beginning, the article introduces the basic concept of the patients, analyzingthe developing course of the notion of the Patients’ rights of informed consent and thecharacteristics of the Patients’ rights of informed consent in terms of the subject of theright,the contents and the mode of the execution of the right and all–around. Then, thepaper encapsulates the developing path of the Patients’ rights of informed consent in thelaw level in our country, analyzing the current situation of legislation, summarizing thelegal precedent of and the experience of legislation combining with the current situationof several representative countries in the respect of the legislation of the Patients’ rightsof informed consent.Since the reform and opening up to outside world, the legislation of the patients’rights of informed consent has improved and advanced to some extent. But, in the medical practice, there still are a large number of inextricable medical dissensions. Themajor contributing factor of those disputes as the article summarizes is the conflictionbetween the Patients’ rights of informed consent and the Patients’ right of life and health,the uncertainty of the related content of the Patients’ rights of informed consent, theindefiniteness of the exclusion principle of the Patients’ rights of informed consent, theincompleteness of the relief program of the Patients’ rights of informed consent aswell as our patients’ lack of medical knowledge and that of awareness ofright-safeguarding and so forth. Likewise, when patients are figuring out the reason whythese problems arise, they also need to come up with effective solving measures interms of these aspects, improving the deficiency of the legislation system of thePatients’ rights of informed consent on the premise of perfecting the legislation of therights.
Keywords/Search Tags:Patients, The Right to Know, Consent Right, Legislation Survey, Legislative Measure
PDF Full Text Request
Related items