The Research Of Informing Obligation Of Medical Institutions In The Tort Law

About medical obligation to inform originated in the common law theory of informedconsent, nineteen eighties mainland China on the theory of informed consent andinforming obligation of doctors research has formed a certain scale, but to the informingobligation of doctors, the range of standard, breach of duty and a series of problems existlarge differences, the relevant laws and regulations can not speak in detail, provisions aretoo careless, even conflict with each other, leading to difficulties in practice. Along withthe" tort liability law" come on stage, our country on the informing obligation of doctorsto the legal aspects of the formal regulations, meaning great progress, but there are alsonot just as one wishes, needs to be further discussed perfect. This article through to the"tort liability law" provisions of this, discusses our current on the informing obligation ofdoctors of the relevant provisions, in addition to the introduction and conclusion, isdivided into four parts:The first chapter tells outlines the informing obligation of doctors. First introducesthe concept and origin of informing obligation of doctors, then in mainland China on theinforming obligation of doctors to do detailed research development. In the end dicussesof the nature of the informing obligation of doctors. From contract law and tort lawperspective on the nature of the informing obligation of doctors are discussed, after theintroduction of the foreign mainstream legal viewpoint, the author puts forward thedefinition of the character of the informing obligation of doctors direction, namely theinforming obligation of doctors has the contractual and legal dual attribute.The second chapter is about the informing obligation of doctors. This chapter is theinforming obligation of doctors body deconstruction, choose a point of controversy in thesubject, object and scope interpretation, and focuses on the cognizance of the scope of theinforming obligation of doctors.The third chapter dicusses the informing obligation of doctors to perform. Firstdiscussed the obligation standard problem, and then introduced the informing obligation of doctors to perform method, finally through the case into the way of informingobligation of doctors the exemption from the analysis.The fourth chapter analyses the responsibility of violating the obligation of. Is thefirst duty of liability and liability are discussed, analyzed the" tort liability law" after theintroduction of the relevant changes, finally the medical liability of violating theobligation of explained.