Research Of The Exemption Clause In The Operation Consent

Medical malpractice has been a hot issue of social concern. Ministry of Health releasedin2002,"medical writing specifications" states that "informed consent include complicationspreoperative diagnosis, surgical name, intraoperative or postoperative may occur, surgicalrisk, the patient signatures, physician signatures." currently in our country due to lack ofrelevant regulations, medical contract remains nameless contract, can not fully applicable tothe commission, contract, contract of employment-related legal requirements of both doctorsand patients have an effective way to resolve outstanding disputes, and consent for surgerycan book Disclaimer No valid exemption can become a basis for academic medical side viewinconsistent.Operation consent is acceptable performance of both doctors and patients, both sides isequal civil legal relationship, the patients agreed to operation treatment and voluntaryassumption of risk operation itself, the doctor must also to inform the duty and theresponsibility, according to the definition of contract in the contract law, operation agreementwith the essence of the contract. The contract law in our country is not the special treatment,regulations of the general terms format but is suitable, the essence and the operation is on thebody of a patient against do not match, at the same time the court in the medical dispute a lotof equitable liability principle to deal with medical disputes also increased the weight burdenand growth were wind. According to the nature of medical behavior, medical operation risk isan objective existence, so can not completely ignore the rationality of the existence of booksoperation consent of the exemption clause, otherwise unable to balance the interests of bothdoctors and patients, it is unable to promote medical career smoothly, but can not inhibit thedoctor-patient dispute blowout.The theory is very active for the study on the exemption clauses in format contract, butto consent to the operation of little Shang Fuzhi. The interests of both doctors and patientsonly balance, based on strict regulation of medical behaviors under certain reasonable validityof exemption clause, can fundamentally solve the conflicts between doctors and patients.Accordingly, should recognize the legal effect operation consent of the exemption clause, andnot simply the application of contract law on the exemption clause in the contract format ofthe relevant legal provisions, but not simple to apply the principle of equitable liability in tortliability law to deal with medical disputes.