Discuss The Informed Consent Of Patients In China

With the development of social-economic and medical model, the patient informed consent emerged. Informed consent came into being and developed with the human-rights movement, the change of the relation between practitioners and patients, and the transition of medicine mode, and more and more countries recognize and protect. Patient informed consent means a patient in the medical treatment process, the right to know the medical side of the diagnosis of disease, measures to be taken and alternative health care programs and their risks, whether as an experimental treatment and clinical trials as an object of medical science, hospital and the basic situation of doctors, medical expenses and other related information, and medical staff to medical practices to accept or not to make independent decisions to accept the right. At Present, China’s legislation, although there are also some relevant laws and regulations of the patients right to informed consent to protect, but not perfect, there are many shortcomings.In this paper, The based theory of the patient informed consent of the sort and summarize the historical development from the right and theoretical basis, defined the meaning of informed consent of patients and nature. Informed consent of patients with Personality Right property, rights of the patient-specific, but also to ensure that the right of patients’life and health to maintain a secondary sexual rights. Then in the exercise of informed consent of patients and implementation aspects of the subject of rights, ability to consent, informed consent of the scope of restrictions on the exercise of power situation and other issues were discussed, that the rights of patients should be the main course, the lack of ability to consent in the patient’s case, the agent can be commissioned to exercise. Finally, this article analysis legislation in the patient’s informed consent of China and protection of shortcomings in practice emerged as the major problem, and try to establish the ability of the informed consent of patients and medical staff informed judgments based on the standards, improve the informed consent of patients against civil liability bear the manner of construction and all rights monitoring mechanisms and ways to make recommendations to further ease the doctor-patient conflicts, and promote healthy and harmonious development of physician-patient relationship.