The Research Of Informed Consent Theory In American Medical Practice

Physicians should obey the rule of Informed consent in practical medical action.《Medical Malpractice》11,《Medical Practitioners》26,《medical institution regulations》33,《medical institution regulations implementing rules》62and a series of laws and regulations to make provision for the theory of informed consent, what a pity is that the various laws and regulations are not uniform.2010implementation of the 《tort Liability Act》55,56to make a detailed informed consent system requirements carefully, but still can not meet the practical needs of the development. Therefore, I chose the theory of informed consent as my topic and hope I can not only provide some new ways of thinking about this topic, but also provide some suggestions.In this paper, with the use of comparative research and the analysis of inductive method, i introduced informed consent theory in the U.S combining with China’s legislative situation which lacks of informed consent theory, and in this way to provide a bit on the recommendation of relevant legislation.This paper is divided into four parts. The first part is to clarify the concept of informed consent by the description of the function argument expounded the necessity of the informed consent theory in America. Informed consent means a physician must disclose information when he takes action before the medical practice, then on the basis of a patient’s understanding of the material risks, he or she makes a decision voluntarily. It is three functions of informed consent:first, informed consent takes respect of the principle of autonomy--the notion that each mature individual has a right to make the basic choices that affect her life prospects. Second, keeping the rule of informed consent can reduce the disputes between physicians and patients. In the third, in terms of the burden of risk and cost-effectiveness, informed consent in judicial practice to balance the interest.The second part of this paper provides an introduction to the historical development of the doctrine of informed consent in America. In the first, I introduce two development period of informed consent. In the second, it is the introduction of the historical background of informed consent in America, including the basis of society, ethics, Law of informed consent. The third part is the feature of this paper. The first section describes the contents of the theory of information and the criteria of disclosure in America. This Section describes the content of information disclosure as "substantive" information, the standard of judgment is:the first one is "professional negligence standard", the second one is "the patient standard". The patient’s Standards which were divided into subjective and objective criteria. Also it describes the exceptions to the obligation of information disclosure and the New Development. Section two presents the theory of informed consent the patient’s consent, mainly on the subject, form, and the effective element of consent. Section three presents some American scholars with the current recommendations of informed consent theory, then evaluated one by one.The fourth part introduces the theory of informed consent as well as deficiencies legislative situation, then put forward on the basis of informed consent for improving the theory of suggestion. Section one make some lists of informed consent laws, then make a specific analysis. Secondly, learning from informed consent theory in America as to make some proposals in China’s current legislative situation.