Some Legal Issues Of The Patient's Right To Know

Today, China’s medical industry into the development of market-oriented, patriarchal traditional doctors for patients no longer able to accept by patients. Patients from highly dependent on doctors and trust hope now in the process of medical diagnosis and treatment, a comprehensive and detailed understanding of the circumstances of their disease, diagnosis and treatment programs, medical measures, therapeutic effect, the presence of risk, based on these content to make a choice within their wishes. This higher requirements on the legal protection of the patient’s right to know.The basic meaning of patients’ right to know is that the patient has the right to understand all the information concerned with his disease and treatment and to freely make decision on whether a medical method should be taken to treat his disease. The content of rights includes the knowledge and consent. Patients should be as an independent civil body on his body to make a decision right, so the patient’s right to be informed of the establishment of embodied human dignity and value. Most developed countries of the world, such as the United States, Germany, France, Japan and other countries, the law or the declaration clearly defined patients have the right to know and to define its scope, the specific provisions of the obligation to inform the medical side. In our country, for the patients’ right to know the concept, only the provisions of the relevant content in a single law, administrative regulations, but there are a great deal of contradiction, including legislative system is incomplete, not comprehensive content requirements, the lack of judicial relief procedures, affected patients the realization of the right to information.This article directs against realistic state described above, Proceeds with concept and function of patient’s right to know, researches and analyzes relevant issues and legal protection.Chapter one introduces the concept and function of the patient’s right to know, combined with the origin and development of the patient’s right to know, with reference to foreign legislation, analysis of the contents, characteristics, the nature of the patient’s right to know, discuss the necessity and significance of the patient’s right to know protection.Chapter two illustrates on implementation issues related to the patient’s right to know. Explicates the subject of patient’s right to know, and analysis of the methods and principles of the patients exercise of the right to know, including patients inquiring voluntarily, read the relevant medical history records as well as the medical organization performing duty of telling. It also introduces the doctor as the obligation body of the patients’ right to know, his performance of its obligations and principles.Chapter three analysis of patients’ right to know to have been infringed and the responsibility of the doctor. Start from the subject of responsibility, essentials in tort, define the form of liability and responsibility free in the medical side. The constituent elements of the infringement, mainly from the offense, subjective fault, causation and consequences of the damage in four areas to explore.Chapter four researches the preliminary legal advice on improving the protection of the patient’s right to know. From perfect legislation, the scope of the right to know the medical side to fulfill their obligations in respect of the legislative situation aspects of the patient’s right to know and practice the status quo, the judicial relief program the four aspects of the author’s ideas and suggestions.Through the above analysis and research, designed to cause the further study and discussion of the judicial practice on this issue, so that patients get real protection and realization of the right to know in practice.