Study Of Physician Demonstrative Obligation

As the reform of medical system in China is further developed and the patients’right of informed consent is constantly emphasized, the foundation and the premise of the patients’right of informed consent—physician’s duty of informing will be especially important. Since the laws of our country on physician’s duty of informing isn’t perfect, the judicial offices lack unified understanding in the related problems, so the penalty scale is not unified in practice, these seriously influence the laws of our country’s authority. Today, the conflicts between doctors and patients are very sharp, researching physician’s duty of informing can standardize physician’s behavior, reduce medical risk, give service for patients, strengthen the law’s applicability, lay a solid foundation of informed consent right system, increase the harmonious relations between doctors and patients, and reduce the probability of occurrence of medical tort. So, with the patients’ increasing awareness of rights and the patients’ right of informed consent being emphasized, researching physician’s duty of informing will bring theoretical meaning and practical value both. The full text is totally divided into three parts:The first part:The basic theory of physician’s duty of informing. First, introduce the background of physician’s duty of informing that was formed accompanied with medical human rights movement, the development of medical technology and the transformation of medical ethical idea, based in the emphasis on patients rights (The patients’ right of informed consent). Second, expound the legal nature of physician’s duty of informing that is a mandatory legal obligation, a subordinate obligation of medical contract obligations. Third, interpret the legal basis of physician’s duty of informing that is the principle of the meaning autonomous, the principle of honesty and credit, and the principle of fairness.The second part:The composition of physician’s duty of informing. First, interpret the main body of physician’s duty of informing those are medical institutions or individual physicians. Second, expound the object of physician’s duty of informing those are the patient himself as usual, but under circumstances are guardian or agent. Third, introduce the standard of physician’s duty of informing, mainly introduce the U.S., Germany, Japan’s theory. In a word, they include professional standard and patients in the standard. The first one is famous for Reasonable Doctor Theory. The second one is famous for Reasonable Patients Theory, Specific Patients Theory and Compromise Theory. Forth, explain the content of physician’s duty of informing those include disease information, medical measures or disposal scheme, medical risk, medical expenses and doctor’s occupation qualification and experience. Fifth, introduce the exception of physician’s duty of informing those include the exception of common sense and others (public safety, patients to give up rights, emergency rescue rights, rights of discretion). At last, present the mode of physician’s duty of informing those include written, oral and miscellaneous.The third part:Perfect the legislation of physician’s duty of informing. This part mainly discusses the spirit of legislation and legislative concept, main body and object, standard, contend and exception, mode and liability. First, introduce the achievement of legislation. Second, basing on the full affirmation of the achievement of legislation, I pointed out the legislative defects of physician’s duty of informing. Third, I put forward the legislative proposal of physician’s duty of informing.