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On The Medical Procedure Of Consent

Posted on:2014-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Y FengFull Text:PDF
GTID:2266330401458139Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
From patients to health behavior knowledge and I agree to try to patient consent for a more systematic discussion. The first part of this article to the consent of the patients for a simple overview:patient consent at first in the field of medical application is medical practice requires the consent of the patients. With the progress of social development and human rights, civil rights consciousness is more and more strong, the consent of the patient rights also need to be fulfilled by the prescriptions of related medical information of patients, the inform obligation, the patients’ right to know, which become the basis and premise of consent, the prescriptions of the instructions, inform obligation for patients decided whether to accept, how much to accept medical behavior plays an important role; Patients can agree to accept the medical behavior, can also refused to accept, this is the rights of patients, reflect patients’ willingness to inner, and embodies the dominant personality right. Both doctors in patients with unilateral action to change the legal relationship, patient consent is a kind of right of formation.Part ii of this article mainly discusses the medical consent right in the process of subject. First of all, I enjoy that consent is not only to patients, their relatives entrusted with or authorized by the principal and the authorized person and patient work unit and village committees, neighborhood committees, etc all have consent, only exercise the will is limited by a certain line, such rights scope in patients unable to exercise the power to protect the patient’s best interests on the basis of the right to get fast and effective implementation. Secondly this part from the patient is a minor, also do not have person of civil action ability and the limited capacity for civil conduct in terms of the consent of the subject are discussed.The third part of this article discusses the medical consent. In the process of Consent including those rights and freedom. Of agree to object itself and not just for medical behavior including the risks of medical behavior and results. And agree to the contents of the include the adoption of alternative health care and medical risk operation, special examination, and special treatment.The fourth part is the focus of this article, mainly discusses the exercise of the consent in the medical process and relief. Infringes upon consent in a different way, a medical institution fails to perform the obligations and violation of patients consent through inaction, also by actively as inappropriate. Patients is not absolute freedom in the exercise of agreed to power, on the contrary, subject to many restrictions, such as a medical emergency, the patient to give up the freedom and suitable protective medical principles, etc. Due to is a matter of life and health rights and interests of patients, so the only person can clear refused to the emergency treatment. Due to the consent of the subject is not only belong to his patients, so should follow when exercising the right of a series of principles to ensure that the interests of the patients. In addition, the prescriptions of the illegal behavior lead to patients aware of medical information and make decision accordingly the consent of deprivation, so medical institutions to compensation for the damage of the patients, in the absence of actual damage situation should also return to apologize or property and bear the corresponding responsibility.
Keywords/Search Tags:Patients’ consent, Medical practice, Civil law relief
PDF Full Text Request
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