Tort Liability Against The Risk Of Side Autonomous Discretion

Abstract:In recent years, increased patient disputes make doctor-patient relationship has become the focus of attention, but decided against the risk of side autonomy is one of the causes of tension between doctors and patients. The first part of the basic categories of the risk of side right to define their own decisions, including its connotation, extension and define its main object is to the right of informed consent, the right to privacy and personal information. The second part is a violation of the right to self-determine the risk of side illegality found that combining the provisions of "Tort Law" and other relevant laws, were read from the interpretation theory. The third part is a violation of the right to self-determine the risk of side imputation principle, applicable to the specific circumstances of the different sub-responsibility principle. The general use of the principle is fault liability, the act of tort liability fifty-eighth listed three true patient autonomy veto against damage. The fourth part describes the independent authority to determine the risk of side damage caused, which is characterized by impairment of independence. That is even it not caused physical damage and only violated patients’ self-determination, the medical institution shall be liable for it and the equitable sharing of liability should be used with caution. By studying the topic, with a view of the risk of side against the decision of such autonomy tort liability and damages have a more comprehensive and intuitive understanding, balance the interests of doctors and patients, and promote the healthy development of the medical profession.