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The Responsibility Cognizance Of Infringing The Patients’ Right Of Informed Consent

Posted on:2016-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:X M LeiFull Text:PDF
GTID:2296330464460504Subject:Law
Abstract/Summary:PDF Full Text Request
In the background of building a harmonious society, a lot of medical disputes in our country appear. And most of them are the violation of patients’ informed consent rights disputes. We should analyze the cause of this phenomenon to alleviatethe tensions between doctor and patienteffectively and build a harmonious medical environment. Thereforeit is time to perfect the law in our country and take measures effectively to reduce the infringement phenomenon of informed consent right of patients.The informed consent right of patients in the field of medical law is an important right, coming into force recently. It defines the patients shall enjoy the right of informed consent, whichhas epoch-making significance for the development and protection for the right in our country.However, the right in theory research and legislation on the protection in our country are behind other countries.In the first part of the article, I put forward problems, and then answer them one by one in the other parts. The second part of the article clarifies the connotation of the right. And then I elaborate on the main body, the ways and the limitations of this right, and the body, the standards and the exceptions of the inform obligation. The third part is the core of this article, I mainly conclude this kind of tort imputation principle, responsibility and legal consequences after thorough analysis. At the same time, I explain them by means of combining with the two cases in first part. The innovation of this article is that I analyze the loophole of the patient’s informed consent right in the law of our country and advocate the legislature to enact a special lawto perfect this right effectively. At the endof the article, I put forward to advices of five aspects, which is to guarantee patient’s authorization and strengthen the qualification of close relatives, clear the content of the inform obligation of doctor, insure the discretionary power of doctor,improve the mechanism of supervision and perfect the litigation relief way ofmedical disputes.We should take measures to protect the rightsto make up for the shortage of the existing law and alleviate the tense relationship of doctor-patient. Then the right of patients will be guaranteed more effectively.
Keywords/Search Tags:Patients Inform Obligation, Informed Consent right, Responsibility identification
PDF Full Text Request
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