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On Informed Consent Right Of Patients

Posted on:2015-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z L LiFull Text:PDF
GTID:2296330431997230Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The protection of knowing and consent rights of patients is still a hot topic in modern life. The legalprotection of these rights is not only the premise of solving medical conflicts effectively, but also where theintentions of these rights lie. The protection of the legal rights of both patients and doctors are hard to beaccomplished, and the protections of patients will lose practical significances unless the protections of theknowing and consent rights of patients are well established.First, the beginning of this paper emphasizes on the definition of knowing and consent rights of thepatients from three aspects, which are its origin, meaning and property. The development process andimportant position in private right protection, as well as its significance is clarified. These providehistorical and theory basis for the later research.After that, the current legislation of different countries is discussed and compared, based which thedisadvantage and development direction of our country is discussed. Then the paradox between these tworights and other rights is discussed. A valid reference for the completion of the knowing and consent rightssystem is provided by studying the contents and reason of these paradoxes. These works guarantee theeffective protection of all the rights involved.Next, from the civil rights protection aspects, a detailed analysis of civil rights contents of theknowing rights protection methods, damage type and responsibility is done.From the analysis of existinglaws and regulations, the author found the disadvantage of the contents in the related laws in our country.Some suggestions are proposed on the basis of cooperation with the situation among the world. Whenanalyzing the specific details, by depth analysis of problems existing in practice, the impactions in therelated laws of our country are recognized. For example, the knowing right alienate to the sigh right whichstands for a single side responsibility and the not enough protection of basic rights of the patients.In the end, aiming at the existing problems in our country, suggestions are proposed by investigating the related laws in other countries and by comparisons and references from the laws in other countries.Further protections can be made, including the perfection of legislation system and informed consent, closerelatives censorship and harmonization of legislation, as well as the setup of supervise agency and thecompletion of health insurance system.
Keywords/Search Tags:Patients, Medical institution, Informed consent Right, Inform obligation
PDF Full Text Request
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