The Legal Protection Of Patients’ Right Of Informed Consent

With the gradual improvement of the national technology and medical science, and the influence of western human rights campaign, patients’consciousness of rights has been gradually waken. Moreover, benefited by higher education level, the public has deepened the comprehension of medical science. The doctor-patient relationship has changed from patriarchy to co-participation. Treading on the heels of these is the medical dispute. The imperfect law system of patients’ right of informed consent lead to the ineffectiveness when patients’ rights are neglected and encroached. The perfection of patients’ right of informed consent can not only distinguish the rights and obligations between doctors and patients, avoiding rights abusing, but endow patients’ right to acquire the protection when encroachment happens. Therefore, the discussion of the law protection of patients’ right of informed consent and the suggestion providing of perfecting patients’ right of informed consent is necessary and urgent.This article has four parts:The first part introduces the background and significance of the topic, the research method and ideas of the topic.The second part is the summary of patients’ right of informed consent, including the meaning of patients’ right of informed consent, characteristic, nature and function. In addition, this part introduces the historical evolution of patients’ right of informed consent at home and abroad and theoretical basis.The third part is about the exercise of patients’ right of informed consent, including the subject of exercising, the foundation of realization, the exercise ways and exception.The forth part is about the relief of patients’right of informed consent, including three aspects:doctrine of liability fixation, constitution and assumption of responsibility.Besides the first part, the discussing of the rest parts is in logical order of rights’ introduction, exertion and relief This article is intend to provide suggestions of legal perfection of patients’ right of informed consent to guide clinical practice.