On The Protection Of Patient Privacy

Conceptually, patient privacy is a branch of the right to privacy, respect and protectionof the law should be subject, others are not free to infringe. But our reality, cases aboundpatient privacy is being violated, because of the lack of a unified legislative system, in thecase of patients stricken privacy infringement, can not get effective relief, leading to patientprivacy in practice the loopholes. However, in the privacy of patients in the United Statesrelatively mature, the relevant provisions on the protection of patient privacy is morecomplete, the relative privacy of the patient in place. This paper aims to conduct basicresearch on the privacy of U.S. patients on ways to improve the protection of patient privacy.The innovation of this paper is to protect the privacy of patients after the United States foranalysis, Implications for patient privacy protection of our country, and ways to improvepatient privacy protection in China.This article from the four most studied patient privacy. The first part describes a methodusing inductive generalization privacy, the concept of privacy and the privacy of patients.This is part of a longitudinal summarized also introduced the concept of the American scholar’s definition of privacy. Meanwhile the author of the infringement in the form of patientprivacy made a generalization, mainly in the following aspects: First, the hospital staffintentionally violated patient privacy act; Second, the hospital internal mismanagement ofpatient privacy leaks; Third, medical teaching among violations of patient privacy.The second part is an analysis of the relevant legal provisions on the protection of patientprivacy, involving many areas of civil law from the Constitution to the status of the privacyof the patients were studied, but also summed up the privacy of patient problems and patientprivacy by reality scenario to bring the patient privacy invasion necessity and urgency.The third part mainly uses comparative law and conflict analysis, presentation andanalysis by the U.S. Constitution and the relevant provisions of the law on patient privacy,which summed up to our patient privacy protection features: one, a solid constitutional basis;Second, improve legislative system; Third, the detailed institutional framework; Fourth, aneffective means of relief.The last part, the main part of the article describes three patients on the basis of privacy,summed up a set of perfect way about patient privacy protection. First, from the perspective of the body to regulate tort proposes to expand the scope of the subject patient privacyinfringement; secondly, by the foregoing interpretation of the lack of a unified legislativesystem, so that improvement of relevant legislation; once again, to strengthen the protectionof patient privacy practice effect, thus proposed to increase the relevant judicialinterpretations; Finally, health administrative departments can learn from the United Statesand may institute proceedings and the relevant provisions of the Civil Procedure Law ofChina’s new patient privacy invasion to the court, which made the introduction of the publicinterest litigation in this area in order to enhance patient relief.