Case Study On The Informed Consent Of Patients

Informed consent is the key right of patients in the medical treatment. The patient can know the information of his diseases, medical measures and risk, include to choose doctors and accept these medical measures. Recently, as the increasing of medical dispute, the right of informed consent of patients has largely attracted more peoples attention and has been became the focus of law. Informed consent is the most basic right of between physician-patient relationship and an important link to medical quality assurance. To strengthen the protection of informed consent right is a very effective way to prevent the medical dispute and plays an indispensable part in constructing harmonious medical treatment environment. There was a lot of controversial views in China’s domestic law and practice for the right of informed consent of patients and some of them are not perfect. We need to establish and develop the theory of the right of informed consent of patient in our country with legal protection system, and to balance the relationship of right and obligations between both patients. Through analyses of case the author illustrated the problems of practice of the right of informed consent and looks forward to bringing benefits to the health law.This paper divided into five chapters. Chapter1. This chapter introduce the details of the case, judgment, the focus problem originated from the case. Chapter2. This chapter illustrates theoretical essence, evolution development, consent and characteristics of the informed consent right of patients. Chapter3. This chapter analysis protection of the right of informed consent judging by law and illustrates the problem of domestic legal protection and bring forward improved suggestion. Chapter4. This chapter evaluates and analysis the first instance and second instance judgments briefly, and emphasizes the necessity of developing the theory of informed consent right and how to protect the right. Chapter5. On the basis of the foregoing illustration, this chapter includes author’s own thoughts of the protection of informed consent right and the author looks forward to making a contribution to the health law.