Study On The Legal Protection Of The Right Of Patient’s Privacy

Medical and health cause is closely related to people’s life and health. But in recent years, this should be the harmonious doctor-patient relationship is nervous, lack of trust each other, the medical dispute increased obviously, frequently staged violent attacks against doctors scenes throughout the country, become the hot topic, attracted the attention of the whole nation. The patients right to privacy is being infringed formation is currently incompatible one of the important reasons of the doctor-patient relationship. As a former medical students, the author worked as an intern in a hospital in the process of seeing a lot of the violation of patients’right of privacy, such as in a co-educational ward, check when not set cover; Because beds tension so that a large number of patients with sleep in the hallway, etc. The emergence of these phenomena, both with a long time of the formation of Chinese traditional medical model and hospital management system, lead to some medical personnel lack the consciousness of protecting the legal rights and interests of patients; Also with the current legislation of our country, the legal system is not sound, scholars research is not perfect, has yet to agree to this opinion, can’t really protect the patients privacy has close relationship of the complete system. Between medical institutions and patients privacy rights disputes between medical institutions and patients not only caused a large number of disputes, also makes the already tense doctor-patient relationship between the conflict is spiralling. Visible, the patients’right of privacy protection has become an increasingly important issue, law, medicine and even the whole society should pay much attention. So the author hopes to use their learned knowledge of law and medicine, over the years to explore and research on this issue, expect to promoting the further improvement of the patients privacy protection research in China, to facilitate better protect the patient’s right of privacy in the future. Besides preface and epilogue, this article is divided into three parts.The main content of the first chapter is the overview of patients right of privacy. This chapter first summary and analysis of different scholars of different views of the concept of patients’right of privacy, and it is concluded that the author himself to the understanding of the concept of patients’right of privacy. Then this chapter for the controversial content of patients’right of privacy has carried on the induction, contrast through different scholars point of view, the author thinks that, the content of patients’ right of privacy should be medical institutions and medical personnel in the process of treating diseases acquired all the information about the patients, with no direct link to cure disease seems personal information. And on this basis, comparing to the patients privacy and right of privacy in general, points out that the special legal characteristics of patients right to privacy.The main content of the second chapter is to the analysis of current protection of patients’right of privacy in our country. First this chapter briefly introduces the present situation of the patients privacy protection abroad, namely while law is various, but the basic lack of special laws to protect patient privacy, directly and rough, not suitable for practical application. It is directly or indirectly caused the practice many deficiencies of patient privacy. Then discusses the main problems of patients right of privacy protection in China, in addition to the above problems existing in the foreign patients privacy protection, and such as the lack of a matching algorithm to specify the subject scope of the lawsuit; Patients privacy consciousness, patients privacy protection and conflicts between hospital teaching lack of coordination mechanism, medical institutions, service management system chaos and medical environment, etc.The main content of the third chapter is based on the current main problems of patients right of privacy protection in our country put forward the corresponding solutions. Included in the legislation, improve the relevant legislation to protect patient privacy and create a system to protect patient privacy perfect legal system. On the administration of justice, uphold the principles of justice and balance the interests of uniform standards of justice trial activities, compensation for moral damage compensation standards should adhere to the principle of moderation, the burden of proof of both doctors and patients adhere to a reasonable allocation, a clear violation of judicial practice identified patient privacy consequences of the damage; and non-judicial staff of two degrees violations of patient privacy. But also in other areas, and establish awareness to protect patient privacy, medical institutions to improve and standardize clinical teaching management system, improve health care management system and improve health care environment, service.