Study On Informed Consent

All kinds of conflicts caused by the growing number of physician-patient relationship, caused by frequent exposure of social events, became the focus of media coverage and public attention. Professional medical procedures, technical characteristics, but also concern the fundamental rights of the right to health, such as the right to life of patients, resulting in a specificity of medical civil relations. Protect the rights of medical patients, doctors rely more on professional conduct and to fulfill its obligations to achieve, both in the case of asymmetric information, to protect the patient’s right to know of the disease and treatment options, it is particularly necessary, so that patients the right to informed consent are fundamental rights in their doctor-patient rights system. Informed consent of patients became a doctor refers patients to get their condition diagnosed parties relevant information to understand the rights of patients to consent or refuse treatment to digest this information after the decision. The surgical consent form as a modern health care system is an important legal instrument in the entire medical procedure, medical malpractice litigation, plays a very important role. Not only is the bridge between doctors and patients to communicate with the media, but also the basis for medical malpractice point of contention, it is to respect the patient’s right to informed consent embodied. With the social development and people’s awareness of the law, in many medical disputes and litigation, most patients with informed consent rights are violated on grounds of legal liability claims hospital, signed by both sides in the course of medical treatment or surgical consent consent has become an important documentary evidence. Due to the presence of both doctors and patients agree on the contents of the book surgery, effectiveness, and many misunderstandings, but also for the patient disputes lay hidden.In light of this, this paper, comparative law, literature, right analysis and other research methods to realize the right to health of informed consent-consent.Article is divided into five parts:The first part explains the development of medical informed consent rights. First, an overview of the origins and history of informed consent rights. Secondly, the legal system and legal practice to protect the right to informed consent, and analyzes the different characteristics of the United States, Germany and Taiwan, hoping to take the help of foreign advanced legislative, judicial and legal system construction experience, to improve domestic laws system for reference.The second section describes the status of domestic legislation and its right to informed consent trait. Summary of existing domestic laws, regulations and other normative documents on protection of the right to informed consent, and to investigate the evolution and development of domestic legal systems, and to explore the domestic legal profession, academia and the general health-related human rights awareness of the informed consent process and the characteristics and the legal nature of the legal system established by the relevant laws.The third section describes the way the exercise of informed consent, including the right to informed consent of the subject, time, and specific forms of content as well as the implementation of standards. Informed consent of the subject of general medical patients themselves, in some special cases, the patient’s representative also took the exercise right to know, but the agent can’t be the subject of rights to informed consent. Content medical informed consent rights includes two aspects, one is the real treat information obtained from the physician at the patient; another patient or family members of patients, a proper understanding of the disease, treatment, treatment, and treatment can be expected risks, side effects and possible hazards, based on the wishes of the individual based on, made accept or reject the choice of intention.The fourth part of informed consent in accordance with the theoretical right to consent to our surgical system, for example, the rights and obligations for the surgical consent both doctors and patients involved in the book, whether the consent form signed by the patient is informed consent on behalf of the issues raised personal insights.Part V describes the responsibilities of informed consent in violation of the right, also elaborated physician exemptions under different circumstances.In this paper, informed consent and patient consent form above points raised superficial humble opinion, only hope by text recognition and analysis of the right to informed consent for surgery signature system, can help build a positive patient autonomy medical environment, to reduce medical disputes, the purpose of promoting the harmonious development of the doctor-patient relationship.