Discussion The Execution Condition In Agent Right Of Informed Consent In Medical Treatment

In relationships between doctors and patients, the right of informedconsent, presented to be an important power for patient to make decision,and be widely recognized in law circle recent years, which also beembodied in a series of laws, regulations and department’s provision;furthermore, it should be improved continuously during the practice. Dueto the really existed patients who lack of agreeing ability (such as patientsof underage, mentally retarded, and psychonosema and emergency severeetc.) as well as incurable who couldn’t be informed the real diseaseconsideration of humanitarianism. It need to further discuss andregulation the agent’s execution on other person’s right of informedconsent by law.The article is divided into four parts, Chapter I is practice and legaldifficulties for agent right of informed consent in medical treatment. Itrespectively described the situations of present situation of applicationagent right of informed consent on those lack of identificationability(mentally retarded and mental disorder, emergency severe) andincurable patients who under protection of humanitarianism, toargumentation that the principle of using the general civil agency can’t becompletely applicable for execution agent right of informed consent. Inchapter II and Chapter IV, it has expanded the interpretation the principlegenerated, the evidence produced, and the authority, special right of intervention, and medical protection in execution of agent right ofinformed consent during the act of medical treatment, which try to putforward the assumption of perfect laws for regulation of agent right ofinformed consent: during the course of execution of agency act ofinformed consent, the best interests of patients should be put on the top,and the hospital may also eliminate unreasonable act of agency under thespecial right of intervention by hospital. In terms of the evidencegenerated by agent right of informed consent, the legal representativecan’t execute at labium the decision of medical for patients who has thelimit capacity for civil conduct or no civil disposition capacity as a anexcuse. The text also suggests that reference the criterion on informedconsent agreeing ability of Great Britain and USA, in which the criterionfor agreeing ability is by whether there is identification ability. It alsoshould be strictly separated the agent right of informed consent, for theordinary matters such as daily life, therapeutic schedule of generaltreatment for common disease (with less risk and invasiveness) can beacted by agent; but if it is special matter, such as cut off an organ frombody, sterilization, medical research and so on, the agent has no right toact. As for incurable patients, hospitals maybe application the medicalprotection by neglecting the informed consent right of the patients out inconsideration of humanitarianism, instead, to let the families exercise asan agent, provided that the sphere of application should be strictlycontrolled, in case the right being abused by hospital.To protect the rights of informed consent for patients, the regulationand perfect the laws related to the agent right of informed consent shouldbe perfected as soon as possible, because application simply the useindiscriminately of ordinary regulations of civil law, can only result inoverhead situation on patients rights by agents.