Investigation And Improvement For The Current Situation Of Informed Consent Protection

With the development of society, infringing the right of informed consent of patients inmedical disputes increase day by day, patients’ right of informed consent to attention. Theauthor uses empirical research methods, through interviews with three medical experts andconsults the related literature self-designed questionnaire,3third-grade class-A hospitals、1second-grade class-A hospital and1first-grade class-A hospital,inculding100doctors and150patients were investigated with a questionnaire, and three medical specialists wereaccessed, a few experts to obtain informed consent right of patients to ensure the views andsuggestions, and the questionnaire survey and expert interview data for statistical analysis,summed up the patients’ right of informed consent in clinical practice of the existence of theproblem, to how to improve the rights of informed consent of patients presented with findingsrelated protection countermeasures and suggestions.This paper is divided into four parts, the first part introduces the survey of patients’informed consent right safeguard present situation significance. The second part, incombination with a questionnaire survey and interviews, analysis of the right of informedconsent of patients security situation. The third part, based on the patient’s right of informedconsent security current situation undertakes an analysis, put forward to show level toinformed consent right to security problems. The fourth part, the author aimed at specificissues, to improve the patients’ informed consent right security system and puts forward somesuggestions.The author uses the questionnaire survey and expert interview to the medical personneland the patient carries on the investigation, the patients’ right of informed consent in theunderstanding and knowledge of the situation, informed consent right, scope and mode, themedical staff on the informed consent right of discretion and informed consent right reliefway to undertake an analysis, to improve the informed consent right regulations, theestablishment of cooperative relationship between doctors and patients, promoting medicalpersonnel consciously perform the obligations, and improve the patients’ informed consentright awareness. The author with the medical staff and patients were in close contact,face-to-face communication, information regarding the patient’s right of informed consent of the first-hand information, can make up for the lack of theoretical research, practice hasproved that through theoretical study is more convincing, have certain academic significance.Based on the patients’ informed consent right security system status quo questionnaireand medical experts to visit results and analysis, the author found, patients informed consentright security system exist between doctors and patients on informed consent right cognitivelevel is not high, the relevant provisions of missing of the doctors’ talking method andstandard, for special patients’ right of informed consent is not the relevant regulations, lack ofsupervision and management mechanism and so on many questions.The patients informed consent right security system problems, the author of informedconsent right of lawsuit relief way, improve the medical supervision and managementmechanism, refinement of medical staff that way and standard, reasonable limit medical staffdiscretion, as well as perfect for special patients informed consent right security regulations,and puts forward relevant suggestions. First of all, our country can draw lessons from theadvanced countries in the court set up special medical court practice, including medicalexperts, legal experts and professionals such as composition of the jury system; medicalinstitutions shall organize the participation of medical personnel in performing the obligationof informing the training, establish and perfect the complaint handling mechanism and system.Secondly, we should refine the way and standard of medical staff. A doctor’s note should bemade in written form, also can execute the patients and their families both sides sign system.Medical personnel in performing the obligation of informing can refer to a reasonablestandard and with the best interests standard. At the same time, to improve the special patientsinformed consent right guarantee of the relevant provisions, including the tumor patients,capacity limitation in patients with infectious diseases, patients informed consent rightguarantee. Finally, must reasonable limit the discretion of medical staff. The law should givestaff a certain discretion, the doctor should bear the obligation of explanation of thisdiscretion.