The Protection Of The Right Of Privacy Of The Patient

Since the first lawsuit brought against the hospital for using patient as the subjectof clinical teaching without the patient’s consent in year2000in Xinjiang Shizihe,many medical disputes concerning patients’ privacy emerged.The legal awareness amongthe public has been enhanced, and patients become more and more aware of protectingtheir privacy.If the privacy of the patient is infringed or exposed,lots of pain andpressure will be brought to the patient and add more tension to the relationship betweenthe hospital and patient.Therefore, it is of great importance to protect the right ofprivacy of the patient.On July1st2010, Tort Law of the People’s Republic of China came into effect.Article62of the Tort Law stipulated that the privacy of the patient is a type of personalright and should be protected.This is a big step forward, but the stipulation is toogeneral and has offered no solution for how to deal with the conflict and concurrenceof different right in practice.This article will define the boundary of the the rightof privacy of patients in order to have this right reasonably and effectively protectedby discussing different types of infringement of patients’ right of privacy, andanalyzing how to balance the interests when there is a conflict of rights.Aside from the introduction and conclusion, this article is divided into four partsand is consisted of about20,000characters.The first part is a summary of the rightof privacy of patients.This part elaborated what the right of privacy of the patientis by stating the basic concept and particularity of the right of privacy of patients.The second part talks about the constitution of the infringement of the right of privacy of the patient. The third part is about the ways of taking the liability and causesof exemption of infringing the right of privacy of the patient. The fourth part is themost essential part of this article, it talks about the balance of interests when theright of privacy of the patient is in conflict with other rights.It aims at offeringsome advices for the improvement of the legal system to protect the right of privacyof the patient by discussing the limitation of derogation of the right of privacy ofthe patient in different circumstances and define the boundary of this right which shallbe protected.