Research On Tort Liability Of Violating The Informed Consent Of Patients

In recent years, the patients` right movement caused a comprehensive study of sociology, ethics, law and other disciplines, and has made significant progress in theory and practice. As the core content for the patients` right, the informed consent of patients becomes the focus of the discussion on the law. In medical malpractice, the patients due to lack of expertise, become vulnerable groups, whose rights are often infringed. Therefore, careful study of the theoretical and practical knowledge of legally protected the informed consent of patients has very important significances.The informed consent of patients are the patients’ choices under the conditions of knowing the related information provided by hospitals. It includes patients’ understandings of the basic situation of medical institutions and the basic situation of the medical staffs; it also includes the medical institutions’ understandings of patients’ conditions. It is corresponding to the physician’s obligation of disclosure. In one hand, as a personality right of the patient, it protects patients’ rights and interests; on the other hand, it strengthens the legal obligations of physicians, so that physicians perform more standardized medical procedure.In this paper, the informed consent of patinets and related legal protections is the main objects of study. Using the methods of documentary analysis and case interpretation, we firstly sorted out the concept of the informed consent of patients; then, we mainly studied the tort liability of violating the informed consent of patients. we discussed the constituent elements of liability, the principles of liability, the ways of compensation and the excusing conditions. Finally, we cited the deficiencies of the tort liability for violating the informed consent of patients in our country, and we proposed improving suggestions according to our national conditions.