Discussion On Medical Of Informed Consent And Its Exception

The legal principle of the right of informed consent of the patients is from the rightof life and health in the right of personality. It must be owned by patients, so there is atrend to protect their right of informed consent. In reality, there are more and moredoctor--patient disputes caused by the medical institutions deliberately or made by theirfaults. They’ve damaged to the interests of patient considerably, therefore we need moreeffective supervisions and regulations, or the disputes between the doctor and patients willbe more serious and the patients’ right will be violated greater,it’s bad for the medicalcircle as well as the stability of the whole society. A lot of countries have realized theimportance to protect the right of patients,more and more among them have alreadyconfirmed and protected patients’ rights with some declarations and legislations, due to theserious situation, the right of informed consent of patients is one of them, many countriesare also going on to improve the provision. It can be said that this right is the core andfoundation between the relationship of the doctors and patients, is also the requirement ofthe world medical norms and ethics. To protect this right of patient is not only to show theprotection of the interests of the vulnerable groups and the respect of the basic humandignity of patients, but also the good reflection of the ultimate value of the fair and justicelaw in the medical system. This thesis began with the overview of the right, thenintroduced the framework of the informed consent system among the main representativeof countries in the two of laws. It’s mainly about the special situation of this right, andthen gave some suggestions to this system, what is learned from other countries about thelegislative experience and practice of this right.The thesis is divided into five parts: the first part is the connotation and legal basisof informed consent in the medical behavior. This part mainly introduces the concept ofthe informed consent right’s theory of patients, the nature of the informed consent rightand revealing the duty related problems. And the second and third part are mainly aboutthe confirmation in the scope of the exception with informed consent in medicalbehavior, this section is the key point in the thesis, specific analysis of informed consent and exception after the occurrence of the exceptions of the right of main body and theexercise of agreed to legal basis; The fourth part is about the legal responsibility ofinformed consent of the abuse of exception in medical behavior, from the subject ofinfringement,the constitutive requirements of patients, informed consent of the rightinfringement responsibility imputation principle and invasion of patients right of informedconsent responsibility four aspects to do research; The last part is that informed consentprinciple of our medical behaviors carries out and analyzes the defects of China’s currentlegislation on protecting informed consent right of patients。...