The Civil Law Protection Of Informed Consent

Informed consent is one of the most important rights of patients’. It gives expression tothe equal of medical relationship and the protection of the patients’ personality. Meanwhile,with the professionalization of the medical industry, informed consent safeguards thecommunication between doctors and patients, balances the benefit, and identifies the rightsand duties of them, so as to promote the trust. Therefore, China imported this concept,informed consent, into the legislation. But in legal practice, disputation about informedconsents still remained, like abusing and conflicting of the rights, which have disclosed someproblems. Those are because of the disunion of the subjects, fuzziness of the liability andimperfection of the remedies. It not only confuses the doctors and patients, but also worsenthe awful relationship between the two parties.To protect the informed consent right, in the first place, we should identify differentsubjects, including the patient, the agents and the tortfeasor. Then, we should affirm theliability of the medical institutions and doctors who violate the obligation to disclose andinfringe the patients’ informed consents, in order to structure the liability system of it. Lastbut not least, we will come up with relevant solutions to make the remedies clear.In brief, informed consents and its legal protection system must be established andconsummated for better protection of the patients’ legal rights, in aims of improving thedoctor-patient relationship. More importantly, through interpretation and application, the lawsare put into practice and protect the equal relationship in the medical area.