On Right To Informed Consent In Clinical Practice

The right of informed consent is one of the most basic rights of patients, patient’s individual right to self-determination embodied in the doctor patient.However, at this stage in medical practice, medical informed consent of patients still lack of sufficient attention, which makes the patient’s body to the right to health is threatened. Therefore, to strengthen the protection of the informed consent of patients is the basic requirement for building a harmonious doctor patient relationship.Western developed countries have established a relatively perfect system of informed consent. Some related laws of China have stipulated the right of informed consent, but there are still many drawbacks. This article attempts to carry on preliminary discussion to the legal problems involved in the patient’s right of informed consent, hoping that it may be helpful to establish the system of informed consent in China. In addition to the introduction and conclusion, the paper is divided into four parts.The first part mainly introduces the summary of patients’right of informed consent, starting from the concrete concept, introducing the patients’right of informed consent and its concept. From the jurisprudence basis and ethical basis of study, and in-depth understanding of the history of the patients’right of informed consent, from the development course of larger understanding of patient consent and understanding.The second part is the exercise of informed consent right of patients. This part is the focus of this article to be discussed. This chapter introduces from two aspects of patients’ right of informed consent and patient consent. With the introduction of the patient’s right of informed consent from the perspective of the inform obligation, the inform obligation is discussed, and the subject, object, content, standards and to inform waivers, etc. Through this part, the author thinks that patients’ right to know mainly comes from the inform obligation, the doctor told the obligation of reasonable and perfect performance has a great influence on the exercise of the patients’ right of informed consent. The second part of this chapter mainly introduces the patients consent related content, including the body of the patient consent, way and the right to give up power, etc. Through the discussion of this part, the author thinks that the body of the patients consent is only for patients, only under special circumstances can be exercised by the agent. Patients through the signed informed consent to exercise their rights and in certain cases may choose to give up rights.The third part introduces the foreign and domestic legislation, the study of patients right of informed consent. The author mainly introduces the typical countries such as America, Britain, the Netherlands, whose regulation about the right of informed consent. And detailed combing the legislation about informed consent rights in laws and regulations in our country.The fourth chapter is the problem of patients’ informed consent right system in our country. the chapter first sort out the current legislation on the right of informed consent, and a critical analysis of its legislative background, legislative concept. Secondly, for two levels from the content of the legislation and legal analysis of the lack of protection of our patients informed consent. Through analysis, the author believes that the legal system is not perfect, imperfect legal content is the biggest obstacle in our legislation; informed consent can not play a role in the informed consent of patients exercise, lack of trust between doctors and patients is our current laws apply obstacles.The fifth part is the analysis of the legislative situation in China and its shortcomings, for the fourth part of defects in the protection of the informed consent of patients, specific measures to improve operational. Improve the legislative system, harmonization of legislation content, improve the application of informed consent, the establishment of measures to improve the medical oversight bodies and establish and improve the medical insurance system.